TROUP HEAD
PLANNING PERFORMANCE FRAMEWORK 6 2016/2017
MORMOND HILL (NEAR FRASERBURGH) COASTAL PATH AT STONEHAVEN
CONTENTS
6 FOREWORD
7 INTRODUCTION
13 PART 1. DEFINING AND MEASURING A HIGH QUALITY PLANNING SERVICE
14 1. QUALITY OF OUTCOMES
14 1A. HIGH QUALITY DEVELOPMENT ON THE GROUND
24 2. QUALITY OF SERVICE AND ENGAGEMENT
24 2A. OPEN FOR BUSINESS 39 2B. CERTAINTY 58 2C. COMMUNICATIONS, ENGAGEMENT AND CUSTOMER SERVICE
71 3. GOVERNANCE
71 3A. EFFICIENT AND EFFECTIVE DECISION MAKING 81 3B. EFFECTIVE MANAGEMENT STRUCTURES 84 3C. FINANCIAL MANAGEMENT AND LOCAL GOVERNANCE
86 4. CULTURE OF CONTINUOUS IMPROVEMENT
89 PART 2. SUPPORTING EVIDENCE
90 PART 3A. SERVICE IMPROVEMENTS 2017-18
92 PART 3B. DELIVERY OF OUR SERVICE IMPROVEMENT ACTIONS IN 2016-17
95 PART 4. NATIONAL HEADLINE INDICATORS
98 PART 5. OFFICIAL STATISTICS
100 PART 6. WORKFORCE AND FINANCIAL INFORMATION
102 APPENDIX 1. ORGANOGRAM
PLANNING PERFORMANCE FRAMEWORK 2 CASE STUDIES
14 CHAPTER 1 QUALITY OF OUTCOMES
14 1A. HIGH QUALITY DEVELOPMENT ON THE GROUND
14 CASE STUDY 1 EVIDENCE OF QUALITY OUTCOMES FROM THE LDP PROCESS 16 CASE STUDY 2 QUALITY OF OUTCOME: BRIDGE STREET AND DEVERONSIDE REGENERATION OPTIONS APPRAISAL 23 CASE STUDY 3 HIGH QUALITY DESIGN: RIVERSFIELD, ELLON 23 CASE STUDY 4 DESIGN REVIEW PANEL
24 CHAPTER 2 QUALITY OF SERVICE AND ENGAGEMENT
24 2A. OPEN FOR BUSINESS
25 CASE STUDY 5 DEVELOPMENT MANAGEMENT USING THE PLAN 30 CASE STUDY 6 KIRKTON, FRASERBURGH 32 CASE STUDY 7 MAJOR APPLICATION COLLABORATIVE WORKING 33 CASE STUDY 8 QUALITY & ENGAGEMENT, OPEN FOR BUSINESS 33 CASE STUDY 8A CROMLEYBANK, ELLON 34 CASE STUDY 8B BALMEDIE 37 CASE STUDY 9 FRASERBURGH SPORTS PITCH 38 CASE STUDY 10 LOCAL PRE-APPLICATION – QUALITY OUTCOMES THROUGH NEGOTIATION AND DISCUSSION 38 CASE STUDY 11 PLANNING & REGENERATION: DEVELOPER OBLIGATIONS EXEMPTION
39 2B. CERTAINTY
44 CASE STUDY 12 PRE-APPLICATION PROCESS REVIEW 51 CASE STUDY 13A MODEL CONDITION REVIEW 52 CASE STUDY 13B PRIOR NOTIFICATION PROCESS 52 CASE STUDY 13C STOP THE CLOCK REVIEW WORKING GROUP 52 CASE STUDY 13D BEST PRACTICE MANUAL 57 ENFORCEMENT CASE STUDY 1 – EVIDENCING SUCCESSFUL OUTCOMES THROUGH NEGOTIATION AND COLLABORATIVE WORKING 57 ENFORCEMENT CASE STUDY 2 – EVIDENCING SUCCESSFUL OUTCOMES THROUGH FORMAL ENFORCEMENT ACTION
58 2C. COMMUNICATIONS, ENGAGEMENT AND CUSTOMER SERVICE
60 CASE STUDY 14 RESPONDING TO CUSTOMER COMMENTS/CONCERNS 61 CASE STUDY 15 LAURENCEKIRK CHARRETTE – ENGAGING AND PROMOTING COMMUNITY ASPIRATIONS 62 CASE STUDY 16 POSITIVE ENGAGEMENT – GOOD OUTCOMES – SATISFIED CUSTOMERS 64 CASE STUDY 17 CONGLASS, INVERURIE – SITE RECALIBRATION
PLANNING PERFORMANCE FRAMEWORK 3 CASE STUDIES
65 CASE STUDY 18 JOINT ROADS/AGENT/DEVELOPER ENGAGEMENT: AGENTS' FORUM MEETINGS. 67 CASE STUDY 19 COMMUNITY COUNCIL FORUM 68 CASE STUDY 20 RESIDENTIAL AFTERMATH OF FLOODING EVENT – ENGAGEMENT AND NEGOTIATION TOWARD A PRAGMATIC ‘NON-STANDARD’ DESIGN OUTCOME- OSPREY COTTAGE, BALLATER 69 CASE STUDY 21 THE FLOODING PRO FORMA SYSTEM OUTCOMES 69 CASE STUDY 21A INCHLEY, DEE STREET, BALLATER 70 CASE STUDY 21B HELPING RURAL BUSINESSES TO BE UP AND RUNNING: FISHING HUT, TASSACHD, CAMBUS O’MEY
71 CHAPTER 3 GOVERNANCE
71 3A. EFFICIENT AND EFFECTIVE DECISION MAKING
72 CASE STUDY 22A AN EXAMPLE OF LEGACY PREVENTION 72 CASE STUDY 22B NON-PAYMENT OF FEES CAUSING LEGACY CASES 74 CASE STUDY 23A REPORT TEMPLATE REVIEW 75 CASE STUDY 23B NEW SCHEME OF GOVERNANCE – ENGAGEMENT, AWARENESS AND TRAINING 75 CASE STUDY 23C GOVERNANCE CHAMPIONS 76 CASE STUDY 24 ABERDEENSHIRE COUNCIL – IMPROVING OUTCOMES - LOCAL REVIEW BODY 77 CASE STUDY 25 PLANNING/ENVIRONMENTAL HEALTH/WASTE/FLOOD PREVENTION ENGAGEMENT 77 CASE STUDY 25A PLANNING - ENVIRONMENTAL HEALTH: REVIEW OF PROTOCOL 78 CASE STUDY 25B PLANNING- ENVIRONMENTAL COMPLAINTS PROTOCOL 78 CASE STUDY 25C PLANNING – WASTE & FLOOD PREVENTION LIAISON & PROTOCOL 80 CASE STUDY 26 BEING FLEXIBLE FOR PERFORMANCE
81 3B. EFFECTIVE MANAGEMENT STRUCTURES
81 CASE STUDY 27 RECRUITMENT IN ABERDEENSHIRE COUNCIL 82 CASE STUDY 28 SHARING PRACTICES – PROVIDING A SERVICE
84 3C. FINANCIAL MANAGEMENT & LOCAL GOVERNANCE
85 CASE STUDY 29 IMPROVED FINANCIAL AND PROJECT MANAGEMENT OF ENVIRONMENT CARS/TH PROJECTS
86 CHAPTER 4 CULTURE OF CONTINUOUS IMPROVEMENT
87 CASE STUDY 30 SECONDMENT OPPORTUNITY WITHIN THE PLANNING SERVICE: AOIFE MURPHY – DEVELOPMENT MANAGEMENT TO DELIVERY TEAM 88 CASE STUDY 31 DEVELOPMENT MANAGEMENT TRAINING DAY
PLANNING PERFORMANCE FRAMEWORK 4 The Planning Service is a part of Infrastructure Services which overall has a key role in helping to create and sustain the quality of life for the people of Aberdeenshire and is committed to providing excellent services for all.
We will achieve this by:-
“Supporting Aberdeenshire Council’s vision to be the best area and the best Council through the effective management of the Council’s physical assets, by helping to create the conditions for economic growth within Aberdeenshire and the wider region and by providing high quality local services to residents, communities, business and visitors”
PLANNING PERFORMANCE FRAMEWORK 5 FOREWORD
Another year passes – plenty of challenge, some real achievement and a continuing positive role for the Planning Service in supporting the communities of Aberdeenshire. Against an evolving economy Planning has maintained a core position in steering, developing and where appropriate, intervening to add value to the Council’s delivery of services. STEPHEN ARCHER – DIRECTOR OF INFRASTRUCTURE SERVICES
The Planning Service has administered targeting Aberdeenshire’s four north applicants and those looking for 3106 planning applications during coast Towns has brought considerable opportunity, to ensure that Aberdeenshire 2016/17, with a value to the economy and external funding, linked to a Council is regarded as being open for business. Region of circa £350m. This is significant, Regeneration Fund. The highlight is the Quality decision making remains the particularly at a time of economic Saltoun Square scheme in Fraserburgh driver whilst also creating an open and change and re-evaluation. Performance part of the Fraserburgh 2021 project transparent discussion landscape. within the Planning Service has been where Aberdeenshire Council has been positive and has continued to improve, successful in its second round funding The Council has adopted a Carbon responding to the changing requisites bid to the Heritage Lottery Fund for Budget approach – one of the first from developers and industry during the £5.7 million. Indeed associated to this Councils in the UK to do this. This will reducing economy. Housing development input is the fact that house prices have underpin much of the Council’s decision has slowed and the Planning Service risen more in Fraserburgh than any other making, with again the Planning Service has worked with developers on ways of town in Scotland. Appropriate resource strongly promoting proactive thinking bringing forward schemes with some through Planning has been targeted to around climate change, sustainable potential amendments, to allow buildout ensuring ecology, archaeology and the development and focus on the greener to continue. voice of managing our flora and fauna is agenda. Impacts of development well represented and promoted across the undertaken by the Council can be The Local Development Plan 2017 has Region and further afield. Building on the assigned a value based on potential been delivered having undertaken the full success of the Atlas of Birds in North East carbon emission savings. The same weight of consultation and engagement Scotland published in 2011, is the recent approach is applied to developments appropriate for such a fundamental suite publication of the Atlas on Mammals as they are brought forward for of documents. It received a very strong of North East Scotland, a publication consideration by the Council. voice of support from Aberdeenshire Full strongly supported by the Planning Council and subsequent full support from Service and welcomed by the audiences It has been a good year. The outputs the Reporter’s Office. Decisions can now of North East Scotland. and outcomes have been significant be taken against a fully up-to-date and against a changing Aberdeenshire relevant set of planning documents. This Design has remained an aspect of environment. Recruitment has been feeds future thinking and how the various development that has been driven by a challenge, delivery of schemes less landscapes of Aberdeenshire should be the Planning Service. The Design Awards smooth than previous years, but the managed and enhanced. The landscapes were delivered successfully in autumn appetite and aspiration for the Place – from mountain to sea – remains some of 2016, with the keynote speech on being remains strong with Planning Services the wildest, most dramatic and idyllic of innovative and radical in approach at the heart of Aberdeenshire Council’s any in the UK and indeed further afield. given by acclaimed designer Wayne desired value added service delivery Alongside this are the great strengths in Hemingway. A new category of Student for its communities. Continuation of Aberdeenshire of industries from oil and Design Award was successfully received performance and improvement remains gas, subsea, food, drink, agriculture and along with a public vote on their favourite firmly as the main focus. I am confident fishing – all making significant added submission. Planning continue to push that the current make up and resilience value to the Scottish and UK economies. for innovative design, with the target of the Service will enable us to face the The City Region Deal, signed off in audience being the bigger housing challenges ahead as well as the demands 2016/17 reflects this and an initial value developers. and aspirations of the present. of £504m is to be invested in the Region in the coming years, with more private The culture within Planning Services sector investment anticipated. has continued to be one of a solution focus - if investment and a development Stephen Archer A key driver for Planning is therefore is proposed then conversation and Director of Infrastructure Services enhancing the approach to Economic engagement should be encouraged. A Development and Regeneration. The ‘One Council ‘ approach remains the aim, applying of strong Planning influence, one voice engaging with prospective
PLANNING PERFORMANCE FRAMEWORK 6 INTRODUCTION
TORPHINS
This Planning Performance Framework document continues to be read in conjunction with the suite of high level documents that embody Aberdeenshire Council.
These were specifically detailed in the Each of the six areas has produced PPF 2015-16 (Planning Performance a Local Community Plan for the next Framework 2015-2016 (pdf 4.65 MB) four years. These can be found on the Aberdeenshire Community Planning These are listed as: Partnership web site.
The Council Plan 2013-2017 (pdf 2.2mb)* Economic Development Strategy for (Council’s Strategic Priorities) 2011-2016.
The Community Plan which informs the The Local Development Plan and Council Plan and Strategic Priorities Strategic Development Plan are similarly and which sets out how we work with a major tool in delivering the Service our main partners and Aberdeenshire’s Objectives. communities, and our overall vision. *The Council Plan runs concurrently with Infrastructure Service Plan 2015-2018 the political term of the Council - the (the Key Objectives within support existing Plan ended in April 2017. the Council’s Strategic Priorities) Infrastructure Services 2015-2018 (pdf 231 kb)
PLANNING PERFORMANCE FRAMEWORK 7 PROGRESS AND IMPROVEMENT IN THE PLANNING SERVICE IN 2016/17
SUMMARY OF THE DEVELOPMENT PLANNING YEAR
The Aberdeenshire Local Development Plan 2017 (ALDP Aberdeenshire Council agreed both of the above Supplementary 2017) was subject to Examination until 20 December Guidance documents along with 6 others that were developed 2016. Aberdeenshire Council considered the Reporter’s during the preparation of the LDP 2017. All were adopted with recommendations on 9 March 2017. All recommendations were the new Local Development Plan. accepted leading to the submission of the Plan to Ministers on 17 March 2017. The Plan was adopted on the 17 April 2017. The Additional work included the preparation of “Policy Information adopted Plan can be viewed at www.aberdeenshire.gov.uk/ldp Notes” to support the implementation of ALDP 2017, and an exercise of “How was it for you” to inform preparation of future During the Examination a total of 22 Information Requests were development plans through evaluation of the processes and received and responded to, and a single morning Hearing took efficiency of methods used since 2012. place scrutinising issues relating to housing land supply. All the actions set out in the 2016 Development Plan Scheme Two elements of Supplementary Guidance (SG8 the Forestry (DPS) were adhered to. A succinct DPS 2017 was approved in and Woodlands Strategy, and SG9 Special Landscape Areas) January 2017 to deal mainly with the completion of the Local were subject to public consultation during 2016-2017. Comments Development Plan with the intention that a second DPS would on both publications were analysed and presented to the be prepared later in the year to reflect the findings of the Council’s Infrastructure Services Committee for consideration. current “Places, People and Planning” consultation to set out the programme for a 2021 Local Development Plan.
COLDRACH, CRATHIE
PLANNING PERFORMANCE FRAMEWORK 8
A continued theme from the previous period has been the SUMMARY OF DEVELOPMENT conscious effort to record improvements in the enforcement function and to better understand and communicate the MANAGEMENT YEAR outcomes of planning enforcement intervention. Work has progressed over the period to record not only the number of cases received and closed but also the decisions taken and the outcomes achieved. This work will continue into the next period The Development Management year has been one of contrast, as improvements, in the way of new processes and procedures impacted upon by unique and unprecedented circumstances become embedded into day to day work practices, the results due to economic conditions. Application numbers reduced over of which will become more evident in the next reporting period. the reporting period, but overall not as significant as expected The need for more transparency and certainty in decision in light of the economic downturn. Arguably more pressure making continues to be an ongoing improvement for the has been put on Officers to determine applications in good Enforcement Team. time, not only in response to national targets but in response to customer need to react to the conditions in terms of flexibility, pragmatism and ensuring delivery where need and demand dictates.
Performance has once more improved and reflects the continuing focus on areas of most need of improvement e.g. SUMMARY OF ENVIRONMENT Major Application timescales, Section 75 timescales and YEAR monitoring and reviewing the other areas of our work that require to be maintained, enhanced or altered to meet the changing needs of the customer and the economic environment. The Environment and Specialist Services Teams continue to make an important contribution to the quality of design, place making and wider environmental and biodiversity agendas through a variety of project work, and by providing specialist support to planners and other Council professionals, partners SUMMARY OF ENFORCEMENT and stakeholders. Following the successful drawdown of YEAR external funding packages, major regeneration projects are underway and ongoing, with a focus on the north Aberdeenshire coast. Spend across the built and natural environment is better evidenced following the completion of data sets and prioritisation processes in relation to access and historic assets. 2016 – 2017 continued to be a busy year with the Enforcement The majority of work is now supported by completed strategies, Team focusing on reducing the remaining backlog carried with some further input remaining in this area, to ensure forward from the previous two periods, along with improving alignment with national and corporate priorities and that our ways of working. A key milestone in the period was an audit of activities make the best use of resources available. planning enforcement undertaken by Council auditors into the enforcement process. Service Plan The work has been diverse, ranging from minor infringements that were resolved through negotiation and sometimes warranting no further action, to significant breaches that Infrastructure Services has a key role in helping to create and required prompt enforcement action to prevent breaches from sustain the quality of life for the peoples of Aberdeenshire and is escalating and causing long term effects. In all but the most committed to providing excellent services for all. We will achieve serious cases, breaches were resolved through compliance this by:- rather than formal enforcement action. This is reflected in the performance statistics which show that only a small “Supporting Aberdeenshire Council’s vision to be the best area percentage of enforcement complaints were resolved through and the best Council through the effective management of the formal enforcement action (Refer to Chapter 2b – Certainty Council’s physical assets, by helping to create the conditions Enforcement Performance – How Are We Doing?). for economic growth within Aberdeenshire and the wider region and by providing high quality local services to residents, Fewer complaints were received in the reporting period about communities, business and visitors” delays in planning enforcement cases compared to previous periods. While this is based on anecdotal evidence, there The Service Plan 2015-2018 continues to be a frustration amongst complainers when enforcement action is not taken or not taken quickly enough. This is partly due to the public’s misunderstanding of planning enforcement that it should be highly responsive and punitive action taken. Work undertaken alongside the audit recognised the need to better inform the public about planning enforcement and how decisions were taken and as a consequence the Planning Enforcement Charter has been updated to help address these issues. A review of performance over the reporting period shows that the majority of closed enforcement cases were resolved through the submission of a retrospective application, followed by no enforcement taken due to the breach being minor, or full compliance being achieved.
PLANNING PERFORMANCE FRAMEWORK 9 PERFORMANCE MARKERS – PRIORITY FOCUS FROM 2015-2016 FEEDBACK SUMMARY OF OUTCOMES FOR 2016-17
The priority focus comes from the Feedback of the previous PPF (2015/16) under the relevant Performance Markers. These are summarised/reported back with outcomes. These outcomes are further detailed throughout PPF.
PERFORMANCE MARKERS - PRIORITY OUTCOMES SUMMARY FOR 2016/17 FROM FEEDBACK 2015/16
PERFORMANCE PRIORITY – AMBER OUTCOMES PRIORITY - GREEN OUTCOMES MARKER Driving Improved Performance
Decision Major Applications Major Applications - Processing Improvement Making – improvement Improvement Agreements PPA) in use of PPA’s again but timescales recorded again in with overall 93.5 remain above the Major Application % meeting their national average. performance but timescales. likely remains Performance Non householder above the national Review of major applications have average.* applications and improved at 14.1 Legal Agreement average weeks but Non householder- timescales will still slower than The average week also look at the national average of performance in use of PPA’s. 12.3 weeks. non-householder was considered to be consistent but further focus has been retained and further improvement has resulted. For non- householder for 2016-17 84.9% was recorded. . Notwithstanding focus remained on improving average weeks further and this has been achieved at 9.9 average weeks
*Overall Scottish Government National Statistics for 2016-17 not available to carry out comparison with national averages.
PLANNING PERFORMANCE FRAMEWORK 10 PERFORMANCE PRIORITY – AMBER OUTCOMES PRIORITY - GREEN OUTCOMES MARKER Legal Timescales for Legal Performance has Agreements Agreements have improved overall reduced slightly. Still however this remain significantly cannot be a direct above national comparison as averages. only in 2016-17 has Section 69 agreements been included which has significantly lowered the average. Improvement work continues on reducing timescales. Legal/Planning improvement project screened for implementation in 2017/18.
Continuous Majority of NHI Whilst overall Improvement improvement improvement was recorded. Some recorded in the timescales remain majority of NHI’s it above national is recognised that average again timescales for Major applications and NH applications fall short of national averages, although with improvement now recorded, particularly in .non –householders which may be more amenable to the national averages.
Focus remains on retaining performance and specifically focusing on improving timescales for legal agreements.
Delivering Development
Stalled sites/ Further reduction Legacy cases legacy/cases in legacy cases continue to throughout the year. fall. The focus Continue to refine on preventing legacy strategy. legacies entering the system has proven successful although this still remains a priority focus.
PLANNING PERFORMANCE FRAMEWORK 11 BURN O' VAT VISITOR CENTRE, DINNET
PERFORMANCE MARKERS - PRIORITY FOCUS FOR 2016/17
PERFORMANCE MARKER PRIORITY - AMBER PRIORITY - GREEN
Decision Making Reduction of average timescales for Major Development.
Average timescales for non- householder developments, whilst not at a critical stage, the focus is to continue improvement to meet/better national standard
Legal Agreements Improvement Project commenced Continue focus on improving timescales for Section 75 conclusions Continuous Improvement Continue consistent progress on further improving all decision making timescales Stalled Sites/Legacy cases Ensure focus remains on Legacy prevention.
(Refer to Part 3A Service Improvements for 2017-18)
PLANNING PERFORMANCE FRAMEWORK 12 PART 1: DEFINING AND MEASURING A HIGH-QUALITY PLANNING SERVICE
BALDARROCH CHAPEL
MIDDLETON OF RORA DAIRY
PLANNING PERFORMANCE FRAMEWORK 13 CHAPTER 1 - QUALITY OF OUTCOMES
Aberdeenshire, from the mountains to the sea, is an exceptional place. This plan has an important role to play in making sure that this continues for generations to come.
(Aberdeenshire Local Development Plan 2017)
The reporting period saw the bi annual Design Awards showcase the quality outcomes from sound policy, guidance and good collaboration and pre application and partnership working. Aberdeenshire Council’s Regeneration Programme has continued, albeit in challenging economic times, demonstrating innovative and transformational methods of renewal, protection and enhancement of the Aberdeenshire built and cultural heritage.
CHAPTER 1A - HIGH QUALITY DEVELOPMENT ON THE GROUND
DEVELOPMENT PLANNING
CASE STUDY 1 – EVIDENCE OF QUALITY OUTCOMES FROM LDP PROCESS
The Aberdeenshire Local Development The aim is to promote a broad approach being contentious. Discussions on Plan 2017 (ALDP 2017) remains a key tool to design which will effectively provide housing land supply demonstrated the in achieving high quality development on a ‘template’ for the design process from shared consensus between the Council the ground. which high quality design will emerge. and the development industry with The template will involve pre application limited argument on issues relating to In terms of promoting and ensuring engagement, public involvement where the scale of development that should the highest quality of designs within necessary and the established tools be encouraged. The recommendations Aberdeenshire the new LDP very much of design; statements and assessment of the Reporters on the proposed advocates the 6 qualities of successful methods. The outcomes should reflect Local Development Plan 2015 reflected place to lead and add value to achieving positively within the Place-making agenda some differences of opinion over the high quality on the ground. whilst securing the character and context interpretation of Scottish Planning Policy, of the unique Aberdeenshire character. particularly in relation to climate change We will only approve development and the value of maintaining a cap on designs that demonstrate the six qualities The Examination of the Plan the scale of development that should of successful places, which are to be: ….. demonstrated that the approach that be allowed on sites, but was otherwise was taken was based on a wide common supported. The scale of disagreement did (LDP 2017 – Shaping Places – Siting, understanding of the issues that required not fundamentally impact on the strategy layout and design of new development) to be addressed with very few issues being promoted.
PLANNING PERFORMANCE FRAMEWORK 14 REGENERATION IN ABERDEENSHIRE
SUPPLEMENTARY GUIDANCE: THE REGENERATION PRIORITY AREA
New Supplementary Guidance on This new Regional Economic Strategy the regeneration priority areas of (RES) has been developed to underpin Aberdeenshire has been produced the bid for a City Region Deal for the and is referenced alongside the Local North East of Scotland. The Strategy Development Plan. This along with titled “A 20-year vision for the Well- specific regeneration polices, encouraging being of the Place and Our People” business start-ups, a refresh of the ‘4 provides a long term plan for the Towns’ strategy and continuation of economic development of the North East regeneration projects strongly confirms of Scotland to 2035. It will also act as the continuing focus and commitment to the main strategy for the new regional regeneration in Aberdeenshire. private-sector economic partnership, Opportunity North East (ONE). This ties in with the Council’s Economic Development Action Plan which sets out how Aberdeenshire Council will work to support the Regional Economic Strategy for North East Scotland.
A NEW REGENERATION STRATEGY FOR ABERDEENSHIRE - MARCH 2016
From Strategy to Action: ‘’Our Vision is for our 4 towns of In March 2016, Aberdeenshire Council Peterhead, Fraserburgh, Banff approved a new Regeneration Strategy Chapter 1A - Regeneration in Aberdeenshire - BANFF and Macduff to be strong, resilient Developing Excellence “From Strategy to Action: Developing communities, where businesses and Excellence in our North Coast in our North Coast people are enabled to flourish.’’ Communities” which focuses on our four northern towns of Banff, Macduff, Communities Fraserburgh and Peterhead.
BROAD STREET PETERHEAD
PLANNING PERFORMANCE FRAMEWORK 15 CASE STUDY 2 - QUALITY OF OUTCOME: BRIDGE STREET AND DEVERONSIDE REGENERATION OPTIONS APPRAISAL
BRUDGE STREET AND DEVERONSIDE Local environmental REGENERATION OPTIONS improvements, regeneration and town centres activities and enhancements.
The Delivery Team has been working to continue the process of regeneration work in Banff on Bridge Street, Old Market Place and the Deveronside area by leading a project to assess redevelopment opportunities.
Flooding is a key issue in the area and this has hindered regeneration work. Options for redevelopment / viable alternative uses therefore require to be considered in accordance with SEPA requirements. Providing realistic options for redevelopment, as well as improvements to the streetscape, will aid in the development of schemes and destination point at Old Market Place with actions within. The Delivery Team are now the marketing of properties in this area opportunities for residential development working to progress the identified actions of Banff. This will aid the redevelopment where this will be acceptable in terms and to work with other services and of the area to the benefit of businesses, of flood risk, but also retail, food and landowners to facilitate redevelopment in residents and visitors to the town centre drink establishments and commercial or the area. and assist in the delivery of an identified leisure facilities within the lower Banff action within the ‘4 Towns’ Report which area. Along with these new development Local Councillors unanimously welcomed recommended the regeneration of Bridge opportunities, the study has highlighted the Report and its vision for regenerating Street as a priority project. opportunities for reviving existing the area with one commenting: properties and improving the street scene External agents were appointed to of the area for the benefit of existing "I welcome the long-awaited Report undertake the appraisal for Aberdeenshire residents, businesses and visitors alike. into the Bridge Street and Deveronside Council with the Delivery Team project regeneration options appraisal. This managing the project. The vision behind The Report is a positive document which options appraisal is transformational." the project was identifies opportunities for development but is pragmatic in that it recognises the The Report and associated appendices “To regenerate Bridge Street, and bring constraints in the area. can be viewed here: life to the surrounding area by increasing connectivity, improving the public realm The finalOptions Appraisal was The Bridge Street and Deveronside and introducing a new destination point presented to Elected Members at Banff options appraisal report and associated within the lower Banff area”. and Buchan Area Committee on 28 appendices 2b, 3, 4, 5, 6 March 2017 where they welcomed the In order to promote the vision, the Report and endorsed the necessary appraisal looked at what could be completed by concentrating on 3 main development areas with associated themes. These are:
• Old Market Place: A new destination point as a catalyst for regeneration • The Street: Address the physical problems associated with Bridge Street • Deveronside: New Places to live and Work within the town
The proposals being put forward have focussed on the need to bring life back BRIDGE STREET - BANFF into the street by proposing a new
PLANNING PERFORMANCE FRAMEWORK 16 Quality of life is also reflected in the need to make sure new developments are designed as effectively as possible and areas of natural and cultural heritage are protected, recognising that the ‘green areas’ on the doorstep are very important to how people view where they live; their ‘place’.
(Aberdeenshire Local Development Plan 2017)
ABERDEENSHIRE 2016 INNOVATION, ABERDEENSHIRE ARCHITECTURE & DESIGN AWARDS. 2016
INNOVATION Aberdeenshire Council recognises that good design is important to the public realm and in a wider context believes ARCHITECTURE & that development must be of benefit to the people. The aspirations of the DESIGN AWARDS Aberdeenshire Design Awards are to encourage the very best in environmental design, to stimulate and develop a deeper and broader interest in our traditional and recent architectural surroundings, and to improve the built environment within Aberdeenshire, thus raising the Thursday 1 September 2016 profile and benefit of good architectural design within our communities. The Buchanans Bistro Aberdeenshire Design Awards is a bi- annual event. The Award ceremony took Woodend Barn place in September 2016 in the Woodend Barn in Banchory. Banchory Guest speaker was acclaimed designer Wayne Hemingway on the night. Mr Hemingway and former Provost Hamish Vernal then went on to present the awards, intended to recognise the area’s best design projects.
There were a total of sixteen awards presented over eight categories.
These are highlighted in the accompanying brochure below:
Aberdeenshire 2016 Innovation, Architecture & Design Award
PLANNING PERFORMANCE FRAMEWORK 17 BUILT HERITAGE AND REGENERATION INVESTMENT PROJECTS
Various strands of project work, together with Townscape Heritage (TH) / Conservation Area Regeneration Scheme (CARS) contribute to high quality development on the ground, potentially attracting inward investment.
Completion of Portsoy Conservation Area Regeneration Scheme (CARS) (2011-2016). Funding of £700,000 was distributed to various projects, including
4 priority projects and numerous small PORTSOY BACK GREEN BEFORE grants. This Scheme won an award in the Scottish Awards for Quality in Planning 2016 as part of the Partnership category. The judges commented that it:
“struck them as being a very charming project. One thing that made it special was the unique ‘informal’ approach to the partnership which was clearly driven by passion and commitment which was also blended with a strong community spirit and a commitment to reviving tradition. The renovation project outcome meant that it maximised the skills, and training, in the local area for young children. A thoroughly authentic piece of work.”
PORTSOY BACK GREEN AFTER
Scottish Awards for Quality in Planning 2016 http://www.aberdeenshire.gov.uk/ environment/built-heritage/portsoy- video/ PORTSOY BACK GREEN AFTER
Back Green/Sail Loft (B Listed): Recently (Tom Daly Photography) opened this long time derelict former sail making factory has been restored for use as Bothy 5 star accommodation. The facility is providing year round sustainable income for Portsoy Community Enterprise for reinvestment in the town.
PLANNING PERFORMANCE FRAMEWORK 18 CONTINUATION OF BANFF CARS (2014-2019)
Six small grants have been awarded for general fabric repair along with 3 grants towards consolidation work to the ‘Smiddy’, repairs to the Tolbooth and 1A Carmelite Street; all priority projects. The Smiddy restoration project is progressing well to create a Silversmith Centre which is to offer workshop space and training for graduate silversmiths, and link with the refurbished Museum of Banff; works have commenced on site.
These projects have also received Scottish Government Regeneration Capital Grant Funding. Progress towards negotiating the purchase of two priority project buildings is ongoing and feasibility studies are nearing completion. A member of the local community has been appointed to a slating apprenticeship.
BANFF SILVERSMITH CENTRE BEFORE WORK COMMENCES SUMMER 2017
Banff CARS: Shopfront Improvement at 38-40 Bridge Street, ‘Ivy Blanchard’. Vacant property refurbished with the aid of a Banff CARS shopfront grant. Original timber fascia and signwriting were retained and enhanced with redecoration. The shop will re-open when internal renovations are complete and is expected to bring a much needed lift to Bridge Street.
SHOPFRONT IMPROVEMENT BEFORE SHOPFRONT IMPROVEMENT AFTER
PLANNING PERFORMANCE FRAMEWORK 19 FRASERBURGH 2021 TOWNSCAPE HERITAGE INITIATIVE (TH) SCHEME AND CARS
Work to priority project at Saltoun 1 SALTOUN SQUARE BEFORE WORKS Square has commenced on site. The development will restore the Council Chambers building and the adjoining derelict former Police Station. The refurbished building will include an ‘Enterprise Hub’ to support start-up business.
The former ‘John Trail’ building is close to being acquired on behalf of the Council and will be offered to interested restoring developers. Discussions with the owners of the other priority buildings are ongoing but appear to be mostly positive.
1 SALTOUN SQUARE VISUALISATIONS
The Small Grants scheme is proving popular. Approximately 15 applications have been received already with the first looking to begin work soon. Discussions have taken place with the Northeast Scotland College (NESCOL) into the funding of training places for young people, local contractors and apprentice 1 SALTOUN SQUARE VISUALISATIONS places.
HADDO COUNTRY PARK
HADDO COUNTRY PARK A £1.8 million project supported by the and building on the completed capital Heritage Lottery Fund (HLF) delivered in works. A particular partnership initiative partnership with Haddo Estate and the this year was the launch of the 2017 Year National Trust to promote a high quality of History, Heritage and Archaeology built and landscaped environment at at Haddo House. The HLF project team Haddo, and increase visitor numbers. is currently considering the post project Now in its fifth and final year, the project’s strategy for the future management of focus is ongoing audience development the Country Park.
PLANNING PERFORMANCE FRAMEWORK 20 OTHER BUILT HERITAGE PROJECTS
A variety of individual built heritage projects have been completed or are underway. These demonstrate the continued commitment to preserving and enhancing the built heritage of Aberdeenshire through collaborative means and proactive partnership work. Examples of work completed under the’ Historic Assets Management Project’ (HAMP), (Refer to PPF No.5 – Case Study 43) include:
1. MARKET CROSS, INVERBERVIE 2. DUFF HOUSE, COMPLETED PROJECTS FIFE GATES
Inverbervie Market Cross This Category B listed cross had been repaired in the past with cement on the shaft. TheCOMPLETED structure was made from local sandstone PROJECTS and as such the cement render had, over Inverbervietime,InverbervieMarket caused Cross cracking holds of theMarket a stone Category and the Crossrender to fall off. The Fife Gates on the Duff House estate B listing and dates from 1737. Previous in Banff, constructed from wrought and repairs had seen the Market Cross Inverbervie Market Cross holds a Categorycast iron, had deteriorated to such an covered in a cement base render which B listing and dates from 1737. Previous extent that whole new sections of the gates had to be recast by a specialist was causing the soft sandstone to repairs had seen the Market Cross covered in a cement base render which forge in Midlothian. The gates were fully deteriorate underneath. The render was was causing the soft sandstone to restored and repainted and hung on new also cracked and failing in places. deteriorate underneath. The render was fixings to allow proper open and closure. Vegetation growth had occurred in the also cracked and failing in places. The gates are B listed structures and form an important feature in the Duff House Vegetation growth had occurred in the joints of the steps and rainwater was landscape. pooling in areas. joints of the steps and rainwater was BEFORE poolingAFTER in areas. Works were carried out to remove the The Cross was restored by removing the cementWorks render, were consolidating carried out the to stoneremove and the cement basedrepairing render the cracks and toreplace the shaft with and aball finial cementas well asbased rendering render the and entire replace shaft inwith a a lime basedlime alternative based render. that would protect lime based alternative that would protect the sandstone rather than cause further the sandstone rather than cause further deterioration. The joints of the steps were deterioration. The joints of the steps were raked out and replaced with lime and raked out and replaced with lime and 3. NEW PITSLIGO 4.indents BIGGAR were inserted FOUNTAIN, to the steps in the BANFFContractor: Harper and Allan indents were inserted to the steps in the Contractor: Harper and Allan COMPLETED PROJECTSworst areas to encourage run off of water. Masonry Biggarworst areas Fountain,WAR to encourage MEMORIAL run Banff off of water. COMPLETEDMasonry PROJECTS A Category B listed structure, the Biggar Fountain has underdone stone cleaning and repointing.Biggar The fountain Fountain, was suffering fromBanff damp and algae growth as well as small The War Memorial on the main streetThe inBiggar areas Fountain, of missing Banff pointing holds and a a broken finial. A new finial has been carved in new stone New Pitsligo was suffering fromCategory water toB matchlisting the and existing dates as closelyfrom 1878.as possible. The Biggar Fountain, Banff holds a ingress, due to missing pointing. Over The a number of years the fountain had Category B listing and dates from 1878. water ingress was further exacerbatingsuffered degradation from biological stone and mortar deterioration. The Over a number of years the fountain had entire Memorial and steps were cleanedgrowth, erosion, inappropriate repairs and suffered degradation from biological and repointed in lime based mortar,weathering. This resulted in detailing being growth, erosion, inappropriate repairs and allowing the stone to breathe andlost thus and areas where mortar was missing weathering. This resulted in detailing being alleviate the dampness. allowing rainwater to enter the stonework. lost and areas where mortar was missing Cracks where beginning to appear due to allowing rainwater to enter the stonework. Cracks where beginning to appear due to the use of inappropriate materials. BEFORE AFTERthe use of inappropriate materials.
Works were carried out to replace all the Works were carried out to replace all the mortar joints with suitable materials for the mortar joints with suitable materials for the type of stone. A new piece of stonework typeContractor: of stone. Harper A new pieceand Allan of stonework Contractor: Harper and Allan was carved to replicate that of an area was carved toMasonry replicate that of an area Masonry PLANNING PERFORMANCE FRAMEWORK 21 which had been cracked. The whole which had been cracked. The whole fountain was cleaned using water and a fountain was cleaned using water and a brush to remove all the biological growth brush to remove all the biological growth from it. from it. ONGOING PROJECTS INCLUDE: AUCHTERLESS – IVY REMOVAL PILOT
CURRENT PROJECTSFour sites have been identified in Aberdeenshire (all gable end church KINCARDINE O’NEIL AULD KIRK ruins) where significant ivy growth is Kincardine O’Neil Old Church causing damage to both listed and scheduledCOMPLETED structures. A pilot project PROJECTS at Auchterless Auld Kirk near Turriff is Work has commenced on the repointing of the entire structure. Previous repairs currentlyOld underway. Parish Huge amounts Church of ivy Auchterless undertaken about 25 years ago in cement have accelerated stone deterioration. All haveKincardine been removed from the gableO’Neil end Old Church is a cement pointing is to be raked out by hand and repointed in a lime based mortar, to and two sections of aisle wall, revealing ensure the Kirk’s continued survival as one of Aberdeenshire’s Scheduled Ancient marble memorials and the bellcote, still The Old Parish Church, Auchterless, is Category Monuments. containingScheduled the original 1644 bell. Monument B listed and dateswhich from 1780. Theis gable, a andmediaeval two rear sections of wall, have for a number of structure. There havedecades been been covered in extensivea number ivy growth. of
Phase 1 of the works removed ivy from the walls repairs carried outdue into the thefear that thepast weight of thewith branches the use was causing damage to the structure by opening of cement, which jointsis betweennow the stoneworkconsidered and causing the to not soft sandstone crack and become loose. The removal of the ivy uncovered the bellcote and bell be best practice. datedThere 1644. are areas where the BEFORE Phase 2 involved the repair where possible Removal of the ivy uncovered further structural and replaced on a like for like basis where it cement had failed,problems causing with the bellcote; voids two finials were within could the not be salvaged. There are a number of AFTER completely loose, whilst others were cracked. Ivy church ruins in Aberdeenshire which have a structure and loosebranches stonework. had gone through mortar joints and split similar problem with extensive ivy growth and and lifted pieces of stone damaging the steel Auchterless was chosen as the pilot on which brackets holding the bell. future projects will be based.
COMPLETED PROJECTS Old Parish Church Auchterless The structure is currently having the cement Contractors: Phase 1 - Northern Steeplejacks, Phase 2 - Harper and Allan Masonry KINCARDINE O’NEIL AULD KIRK removed by the use of hand tools which is a The Old Parish Church, Auchterless, is Category Whilst the visual appearance of the B listed and dates from 1780. The gable, and two structurestraditional has been improved method and the to not damage the stone rear sections of wall, have for a number of additional weight of the ivy is no longer decades been covered in extensive ivy growth. causingand strain being on the stonework, replaced the in an appropriate lime MACDUFF CROSS INVERURIE OLD bellcote is suffering from cracks caused of the works removed ivy from the walls Phase 1 by the rusting iron bars supporting the due to theCHURCHYARD fear that the weight of the branches bellmortar. and from loose mortar Kincardine joints. Further O’Neil is a prominent Contractors: Laings Traditionalwas causing damageMasonry to the structure by opening stabilisation and repair work is required as The Burgh Cross on Church Street, joints betweenPICTISH the stonework STONES and causing the well as monument stabilisation and repair Macduff is a Category B listed structure.soft sandstone crack and become loose. The structure when traveling along Deeside and to the north aisle wall. The viewing platform surrounding removal ofPROJECT the ivy uncovered the bellcote and bell the base of the cross is showing signsdated 1644. PhaseSpecialistattracts 2 involved contractors the repair werea where largerequired possible number of tourists. of structural instability. Temporary Removal of the ivy uncovered further structural andto replacedremove theon aivy like due for to like the basis height where of it stabilisation measures have bene problemsWorking with the bellcote;in partnership two finials with were the local couldthe gablenot be end.salvaged. The ivy There was areremoved a number of undertaken. The HAMP project is completelyCommunity loose, whilst Council others and were Church cracked. Ivy churchby steeplejacks ruins in Aberdeenshire using ropes whichand was have a embarking on a scheme of removing large similar problem with extensive ivy growth and branchesrepresentatives, had gone through the mortar Archaeology joints and Service split removed from both a top to bottom crenelated section of wall to alleviate Auchterless was chosen as the pilot on which and liftedarranged pieces of forstone specialist damaging conservation the steel approach as well as severing the main the weight bearing down on the viewing future projects will be based. brackets worksholding on the the bell. four Pictish carved stones base roots. Ivy can be extremely platform and installing a new sensitively located in the churchyard. These Council destructive if not managed. The small designed railing. A conservation owned assets form an important part section of east aisle is beyond repair and architect has been appointed to design a of the community’s identity, and once restoration due to the remaining structure replacement platform/railing. redisplayedContractors: with new interpretation Phase 1 - Northern they Steeplejacks,being riddled Phase with 2 ivy- Harper tendrils and and Allan foliage. Masonry will become a key visitor attraction. Following the lessons learned and information gathered from the pilot at Auchterless, Officers working on the Historic Assets Management Project hope to take a similar approach at other sites across Aberdeenshire.
PLANNING PERFORMANCE FRAMEWORK 22 CONSERVATION AREA REVIEWS
The Council has a rolling programme of identifying, preserving and enhancing areas of outstanding built heritage and historic character across Aberdeenshire.
Conservation Areas reviews and Future reviews/designations for designations completed in 2016/2017 consideration in 2017/2018 include Crovie, include Buchanhaven and Old Deer. Pennan, Gardenstown, Echt and Dunecht. Reviews of Inverallochy & Cairnbulg, Broadsea and Kennethmont are ongoing. Management plans have been completed for Auchenblae, Benholm and Kirktown of Fetterresso.
QUALITY OUTCOMES CASE STUDY 4 - THROUGH NEGOTIATION DESIGN REVIEW PANEL
The Design Review Panel has operated CASE STUDY 3 - HIGH QUALITY DESIGN: jointly between Aberdeenshire and RIVERSFIELD, ELLON Aberdeen City Council for a lengthy period of time. The Panel sat to offer constructive and objective advice at an early stage in the planning process with the aim to assist ensuring good This is an example of where discussions quality output and a stronger working with the Planning Service have resulted relationship between all those involved. in a negotiated improvement to the The advice given drew on professional scheme which, albeit subtle changes, knowledge and experience within the added value to the overall scheme and relevant local context and offered the demonstrated meaningful engagement opportunity for comprehensive evaluation with the applicant allowing them to of development proposals. obtain permission. In the past two years due to the structure The site lies within the settlement of Ellon EXISTING of the Panel being questioned and as defined by the Aberdeenshire Local frequency of meetings becoming less it Development Plan 2017, while the existing was clear that a re think was required in dwellinghouse is a ‘B’ Listed Building. going forward.
The proposal sought to demolish a 2 Joint discussions have taken place and it storey element of the dwelling and erect a is acknowledged that there is a definite single storey extension in its place. Owing appetite for some form of Panel/meeting/ to the sensitive nature of the site it was forum but also an acknowledgement of important to ensure that the extension the flaws and limitations of the existing respected the character of the Listed format. Solutions range from revisiting Building. Collaboration with the agent and the whole concept to trying to tie into the the Built Heritage Team resulted in a high PROPOSED Major Application meetings with more of quality design. a critical analysis of design at that stage given the existing structured platform in place.
This project is currently ongoing and is added as a new commitment for the next reporting period 2017-18.
(Refer to Part 3a – Service Improvements for 2017-18)
PLANNING PERFORMANCE FRAMEWORK 23 CHAPTER 2 - QUALITY OF SERVICE AND ENGAGEMENT
CHAPTER 2A - OPEN FOR BUSINESS DEVELOPMENT PLANNING This Local Development Plan helps promote Aberdeenshire as an area where residents, business and social The main message in terms of being enterprises are encouraged to make their communities ‘Open for Business’ is that during the reporting period work was in the main more self-sufficient. It provides a supportive focussed on getting a new Plan adopted*. An up to date Local Plan that gives environment for business investment. direction for the next 5 years is the main instigator for putting the ‘Open for (Aberdeenshire Local Development Plan 2017) Business’ message across.
The current economic climate and the impact of the oil and Quality of service in Development Planning is demonstrated by the gas downturn in the north east, in particular, has naturally reaction to the consultations on the Supplementary Guidance SG8 Forestry created difficult conditions for all aspects of business. and Woodland Strategy and SG9 Local Landscape Designations. Both of these documents attracted very little adverse reaction from the wider community. Thus supporting sustainable economic growth through the planning system has continued unabated but with a heightened awareness of creating or inputting to conditions to meet new and challenging sets of circumstances. This, by way of ensuring an up to date (new) Local Development Plan is in place and continuing to encourage and promote delivery of allocated sites, engagement, initiatives, flexibility and pragmatism. Pro-active work has taken place with the industry and relevant Council Services to advance and progress sites within the LDP through the Action Programme and the Housing and Employment Land Audit.
Otherwise engagement has been limited The major application process, although due to both the uncertainty provided still being reviewed, continues to be by the “Places, People and Planning” promoted and collaborative working by consultation on the form and content of the Strategic Delivery Team has seen the next Local Development Plan, and the progress and delivery of some major lack of opportunity for the public to be allocated sites. involved in the Examination process.
Focus on timely delivery of all Story Map Journal is replacing the Online applications has remained the focus Local Development Plan to present the throughout the reporting period and the adopted Local Development Plan in an performance reflects the efforts deployed accessible form. again with considerably more pressure to enable applicants to seek recalibration of sites to reflect the changing and unpredictable market conditions.
PLANNING PERFORMANCE FRAMEWORK 24 STORY MAP JOURNAL
Use of the Place Standard is being promoted within communities to help inform the next Plan.
From the “How was it for you” evaluation exercise, a comprehensive multi-media approach, is being developed to promote engagement with stakeholders on the next Plan, including building on the success of using short online videos and internet advertising.
( https://www.youtube.com/watch?v=k6x J72UECjg&list=PLO9F6fCTToNND8UE4t Q2kUfEA4lbCfMmL&index=13 )
*The Aberdeenshire Local Development Plan was formally adopted on 17 April 2017.
CASE STUDY 5 - DEVELOPMENT MANAGEMENT USING THE PLAN.
Policy Interpretation Notes (PINs) have A further four PINs have been produced been developed to promote consistency on higher level topics such as how to use of policy application across six different the Plan, and how to use the Settlement Development Management offices Statements that are contained in and ensure that consistent messages Appendix 8 of the Plan. are being given by Development Management staff to customers. The PINs have been developed from the need to produce brief and concise plans, without the explanatory text previously included in either the Policy or Supplementary Guidance.
A total of 27 elements of Guidance have been produced over the seven main themes of the Plan. Each piece of Guidance explores the boundaries of National Policy and when it might be These documents have not been written more appropriate to include reference to for an audience external to Aberdeenshire Scottish Planning Policy when considering Council Development Management teams, an application, what the high level but we anticipate that practitioners objectives of the Policy are, what is meant will share them with stakeholders on by specific terms in the Policy, what occasions. information is required to achieve clarity of the terms in the Policy and under what The PINs demonstrate a recognition that terms departure from the Policy might be clarity of information in the interpretation appropriate. of Local Development Plan Policy remains key to the quality of service that we can provide.
PLANNING PERFORMANCE FRAMEWORK 25 QUALITY OF ENGAGEMENT – CONTINUATION OF ENGAGEMENT AT CHAPELTON
Evidence of success from Development Plan Action Programmes, pre-application processes, policy in practice...
Team and the Kincardine and Mearns Area Manager.
Having these details and procedures widely discussed and agreed in the initial stages of development will expedite subsequent RCC applications and also maintain the high quality design throughout the settlement. This evolving process will be to the benefit not just of Chapelton but other developments in Aberdeenshire.
The Chapelton development has featured From the beginning of the project, the in the last three reporting periods developer has been keen to produce and respective Planning Performance an exemplar design along with the use Frameworks under ‘Open for Business’, of high quality materials to create a ‘Certainty in Delivery’ and ‘Quality unique appearance to the town. Due to of Service and Engagement’. Once the size of the development, the RCC complete, Chapelton will be Scotland’s applications were required to be split largest modern new town containing over into many smaller sections to allow the 4000 new homes, up to 3 new schools, road layout to progress in a flexible 11.5 hectares of employment land and way, reacting to market conditions and NON-STANDARD DETAIL - CHAPELTON associated infrastructure and is already changing as appropriate. The smaller well on its way to realising the aim of RCC applications posed challenges for becoming an exemplar of high quality the Council to consider within a wider The monthly project meetings remain mixed use sustainable development. context and, due to the different types of a valuable forum for the project team, materials and construction styles, Non- the Council and relevant stakeholders to Continued engagement with the Standard Details (NSD) were also required meet and progress the project and also to project team and key stakeholders has to be agreed. address and solve any issues at an early contributed to the ongoing success of stage. this project and this is reflected in the Through discussion and consultation, it quality of development now on the was agreed between the developer and Within the last year, as the project has ground. Construction of Phase 1 is now the Council to use a phased approach to developed and the site progressed, the well underway with almost 100 homes each RCC which allowed a larger area to project meetings have been tailored occupied, a Park and Choose facility, be considered within each application. to a ‘roads only’ meeting every second village square, community woodland, This resulted in benefits for all parties month in order to make the best use children’s nursery and café are complete including less applications required to of resources. The fact that bi-monthly on site. be submitted and considered, and more meetings are more than adequate to flexibility for the ongoing development as discuss any issues arising is a testament Throughout the project, various well as more efficient use of time. to the accomplishment of previous work procedures to address technical and shows that the development is matters associated with the delivery of The procedure for considering NSD’s progressing successfully. a new settlement have been used and has also been streamlined and any continually improved for the benefit of NSD’s proposed by the developer are (Refer to Roads Liaison – Chapter 2a future development at Chapelton and discussed and agreed at the Council’s Open for Business – Pre application other sites in Aberdeenshire. One such Roads Standards Group and decisions (& liaison) in Action – Negotiation and example of this is the Road Construction are fed back through the monthly project Discussion) Consent (RCC) procedure. meetings which are led by the Delivery
PLANNING PERFORMANCE FRAMEWORK 26 OPEN FOR BUSINESS THROUGH DELIVERY
Aberdeenshire Council’s Delivery Team, In this regard the Action Programme As discussed above, the PIDT is a key now in its fourth year since formation, did is used as a project management tool, contact for Council Services, external in the latter half of 2016 merge with the with Officers actively working with consultees and developers and is Information and Research Team to form stakeholders to advance the actions available to assist with a variety of issues. the Planning Information and Delivery required to bring sites forward. It has an The Team take a pro-active approach in Team (PIDT). The Team’s main aim is to increasingly important role in identifying order to aid the development of allocated facilitate cross-service working within ineffective sites and influencing future sites. In addition, the Team also take an Infrastructure Services, primarily tasked land release to inform the LDP and active role in the regeneration work of the with working with industry/services to aid assessing applications for development. 4 Towns within Aberdeenshire, which are the progression and delivery of allocated identified by the LDP 2017. sites identified within the Council’s Local Moving forward, the Planning Review Development Plan (LDP). suggests an increased emphasis on * The final draft of the HLA 2017 (base delivery and increasing profile of the date 1 January 2017) is due to go to the The Team also compiles information Action Programme as a tool for delivery. SDPA at the end of June and will be regarding allocated sites contained within Work identified last year is still being published in the summer. the LDP 2017 and are responsible for the undertaken but will ensure that necessary publication of the Action Programme confidence testing will be incorporated ** The base date for the ELA is 1 April as well as the Housing Land Audit * and into the Action Programme to help 2017 and we are just about to start on Employment Land Audits **. The merging prioritise infrastructure requirements to it – a draft should be ready in the early of the two teams has meant that the Team bring development forward and being autumn. can work more efficiently and there is less able to demonstrate a viable path to duplication of work with regards to both delivery of a site within the Plan period. the Housing Land Audit and the Action This will ensure that Aberdeenshire is Programme. This has allowed the Team to well placed to meet the challenges/ concentrate on collating more qualitative requirements of any potential review of information on progression on, or lack of the Planning system and in particular sites, within Aberdeenshire and work to changes to the format/requirements of bring these forward. the Action Programme.
(Refer to Chapter 2a – Open for Business– Case Study 8, 8a & 8b – Quality of After four years since inception, the Delivery Team are making real progress Engagement & Open for Business and in facilitating the delivery of sites allocated in the LDP. The Team have now Case Study 11 – Developer Obligation merged with the Information and Research Team so are able to provide a more Exemption, which illustrates examples of efficient and focussed service. As one Team the PIDT will aim to continue to this proactive approach and the benefits progress this work and over the next year will: of working with other services, developers and landowners to deliver quality • Continue to develop and promote the Action Programme as a proactive outcomes in a range of areas.) project management tool for delivery of the LDP;
• Create a joint database for the PIDT, which will be used as a wider tool for the Council and contain information regarding settlements and services, available/planned infrastructure and development rates;
• Be clearer on prospect of delivery of sites within the Plan period; and,
• Enhance the level of information available in the Action Programme, particularly in relation to funding / responsibility of infrastructure provision.
PLANNING PERFORMANCE FRAMEWORK 27 OPEN FOR BUSINESS THROUGH STRATEGIC DELIVERY
The Strategic Development Delivery A similar approach to facilitating pre Moray West – is the ‘little sister’ of the Team (SDDT) Team has continued to application discussions and gate checking Moray East Scheme. We have been operate and offer a dedicated point of has been adopted across other renewable involved in EIA Scoping for the whole contact for national and strategic scale energy projects, including the Moray project (July 2016) as well as specifically planning applications and associated and Kincardine Offshore Wind Farms, for Offshore Transmission Infrastructure projects within Aberdeenshire. Staffing where the SDDT have acted on behalf of (current). Discussion and dialogue is shortages over the past year have limited Aberdeenshire Council as the point of ongoing with Moray Council about the the capacity of the Team, but work has contact through Marine Licence, Section possibility of shared areas of work as this continued on large scale development 36 and EIA Scoping consultations to project progresses. through pre application, Screening, ensure detailed and timeous responses Scoping and application stages. can be offered. The approach of the SDDT continues to be well received by developers in Project work including a review of the The SDDT team has been in regular connection with the above projects, Major Applications process, including pre dialogue with the Moray Offshore Team with a willingness to engage and application service is underway alongside and Marine Scotland (as well as other collaborative working between the SDDT, a review of design standards and how we agencies) on the various projects above. developers and other agencies to project utilise the Aberdeen City and Shire Design In respect of the Moray Offshore projects: management development including the Review Panel use of Planning Processing Agreements Moray East – the Council have been where appropriate to set out and agree (Refer to Chapter 1 – Quality of dealing with various applications and timelines for the determination of Outcomes – Case Study 4 – Design consultations over the last few years. applications. This continues to illustrate Review Panel). Within the current PPF Reporting Period the benefits of the SDDT being focussed we have had consultations for matters and experienced on the processing The Team continues to be the main point including EIA Scoping for an alternative and delivery of innovative, National of contact for innovative and complex layout/design for the wind farm itself. and Strategic development similarly projects, including Statoil’s “Batwind” continues to be an approach welcomed project which consists of the installation by developers with high quality working of battery units at a previously approved relationships established and in place to substation site associated with Statoil’s facilitate the delivery of these projects. Hywind offshore floating wind farm project. This project represents innovative The above approach has been utilised and revolutionary technology allowing for across a wider range of development the storage of renewable energy prior to proposals, including with more distribution or transmission. Throughout mainstream residential and commercial the pre application process the SDDT developers. The benefits and collaborative actively liaised with the developer (based working have been less prominent in in Norway) and facilitated meetings with these cases, but issues and solutions are stakeholders both in person and also being reviewed and will feed into the remotely via Skype for Business software. wider review of the Major Application and The “gate checking” of submissions pre application process currently being and supporting information was also carried out. carried out via Skype conference calls between Aberdeenshire and Norway, with specific details and amendments to plans and information discussed at these times and via this platform. This led to a more streamlined and co-ordinated submission, ensuring that issues with plans and supporting information could be addressed up front to avoid any delays in the submission of the application.
PLANNING PERFORMANCE FRAMEWORK 28 BALLATER, ROYAL DEESIDE
NO AREA TOTAL APPROVED ONGOING CONTACT ABERDEENSHIRE BANFF & BUCHAN 10 3 1 6 MASTERPLANS BUCHAN 10 5 4 1
FORMARTINE 12 9 2 1 There has been continued GARIOCH 9 8 1 0 progress with the Masterplans. The table KINCARDINE & MEARNS 8 6 1 1 below updates the current MARR 7 5 1 1 positon in the reporting period. ABERDEENSHIRE 56 36 10 10
MASTERPLAN TO PLANNING PERMISSION
The following case study maps out the progress following an approved masterplan. This demonstrates the use of the project management tools available to implement the planning process, backed by good levels of communication, collaboration, engagement and onwards monitoring and updating as development has commenced.
PLANNING PERFORMANCE FRAMEWORK 29 CASE STUDY 6 – KIRKTON, FRASERBURGH
OVERALL SITE LAYOUT PLAN
The site has been allocated in the Local would be consistent with this application. both put forward to the Banff and Buchan Development Plan since 2012 for 600 A meeting was undertaken with the Area Committee for determination on houses, 4ha of employment land, and Local Ward Councillors on 11 May 2016, 14 June 2016 in line with the Planning sites for a new primary school, health attended by the developer and agent to Processing Agreement agreed with centre and cemetery. A POAN for the discuss and take on board any comments the developer. At this meeting, both overall development was submitted on 28 they had on the proposed changes to proposals were supported unanimously April 2014, and a masterplan for the site the approved masterplan. This informal by Councillors in accordance with the agreed on 25 November 2014. engagement exercise was considered Planning Service’s recommendation. beneficial to all parties by facilitating Pre-application discussions started in May discussion and allowing for points of Following the determination of the 2015 with the Developer for the first phase clarification on parts of the masterplan application at Area Committee, the of the site for 120 houses and provision submission prior to the masterplan being drafting of a Section 75 Legal Agreement of 3ha of serviced land for affordable reported to the Area Committee meeting was instructed by the Planning Service. housing, and associated landscaping for determination. This was concluded, signed and registered and infrastructure. The Full Planning within 6 months of this determination Permission application for this proposal The application attracted 2 letters date, in line with the Council’s target for was made valid on 30 March 2016, giving of representation, and was generally major planning applications. This allowed a 4 month statutory determination date consistent with what had been discussed the Decision Notice to be issued on 14 of 29 July 2016. Prior to the submission during the pre-application process. The December 2016 in line with the Planning of the application, a Planning Processing only minor amendments which were Processing Agreement signed for the Agreement was signed identifying the required to be made during the formal application. Development started on the committee date for determination and the application process were small changes site, almost immediately following the issuing of the decision notice. to house type designs, site layout, internal issuing of the Decision Notice, with the paths and road design, and details of Developer and Planning Service remaining Through changes made to the proposal boundary treatments for the development in regular contact to allow monitoring of during pre-application discussions to be provided. conditions attached to the permission and and the formal application, it was to assist with any discussions regarding established that the masterplan for the The update to the masterplan and the any future phases. site required to be updated to ensure it Full Planning Permission application were
PLANNING PERFORMANCE FRAMEWORK 30 AMENDED OVERALL SITE LAYOUT PLAN
2015 and a formal round-table meeting November 2014. In this regard we held a Testimony: Gary Purves with the other relevant consultees in Local Members’ briefing session in May (BLE (Hons) MRTPI), Land September 2015. Around this time we 2016 in partnership with the Planning also initiated an EIA Screening Request Service which was valuable in terms of Development Manager, and started to formulate our plans for explaining the main differences to the Colaren Homes: the development. Subsequent to this we development relative to the original submitted our first draft layout plan and Masterplan prior to taking the application “The background to this development received comments on this in October for detailed planning permission to is that the site had been allocated since 2015 which contained helpful advice from the Area Committee meeting for the 2006 Local Plan. A combination the Planning Case Officer on matters determination. The application was of up-front site servicing costs, local such as connectivity, housing mix, density unanimously approved by the Banff & housing market conditions, and the 2008 and open space. We signed up to a Buchan Area Committee in June 2016 and credit crunch meant that the site had not Processing Agreement from the outset following the conclusion of the Section come forward for development despite which, although it had to be amended 75 Legal Agreement the formal Decision a Development Brief being approved during the process, was a helpful tool in Notice was issued in December 2016. in 2008. In November of 2014 a new ensuring that timescales were adhered to Overall, as the developer of the site, I Masterplan for the entire M1 site, which by all parties. The application was lodged would say that our experiences of the was prepared in partnership between and validated in March 2016. The majority planning process for this application were the landowner and Colaren Homes, was of consultation responses were provided positive, and as a suggestion of an area approved by the Banff & Buchan Area during April and May 2016. Through the that could be improved upon in future I Committee which comprised 600 houses process we had positive engagement would highlight the length of time taken plus community facilities and employment with the Planning Service, and also with by Legal Services to reach the stage of land. As the developer we then proceeded specific consultees on matters such as allowing the planning approval to be with our more detailed plans for the first affordable housing, open space, and issued following the Area Committee phase of the development comprising 120 developer obligations. We were required meeting which we felt took too long.” houses. We held our first pre-application to provide a formal written update to meeting with the Planning Service in July the Masterplan that was approved in
PLANNING PERFORMANCE FRAMEWORK 31 The Review of Masterplan process is ongoing with benchmarking exercises and meetings carried out with Aberdeen City Council with a view to sharing ideas, principles and approaches to ensure co-ordinated approaches across sites within Aberdeenshire as well as a consistent approach to site delivery and associated mechanisms across the Strategic Development Area. To date the knowledge and understanding obtained from benchmarking exercises has been able to inform pre application and pre Masterplan discussions with developers for larger scale sites, including Cromleybank, Ellon. The Review will continue in 2017/18 with additional OPEN FOR staff earmarked to progress this. BUSINESS MAJOR (Refer to Part 3a – Service Improvements 2017-18 – this commitment will continue into the next reporting period.) APPLICATIONS
CASE STUDY 7 - MAJOR APPLICATION COLLABORATIVE WORKING
As part of a Major Housing Development consisting of up to 600 residential units (Blackdog M1), a first phase of 48 houses was previously approved. After the initiation of development, the Council’s Housing Service sought to agree the provision on site of an increased quantity of Affordable Housing Units (drawn down from the quota to be otherwise provided within the remaining 552 within the allocated site). Essentially, this meant that there was the opportunity to facilitate the accelerated delivery of 9 additional Affordable Housing units.
The Council’s Housing Service welcomed the potential for provision of 9 additional units at an earlier stage than previously envisaged, but had budget deadlines meaning that the application had to be approved (including revising the Section 75 Legal Agreement) prior to the end of March. The application was made valid on 31 January, giving 2 months for determination.
Through joint and collaborative working with the developer, Housing Association, as well as colleagues in Housing and Legal Services, the application was approved and the S75 amended within this timeframe in order to successfully facilitate the early release of affordable housing within a Strategic Growth Area (Section 4 New Spatial Strategy).
PLANNING PERFORMANCE FRAMEWORK 32 CASE STUDY 8 - QUALITY OF SERVICE QUALITY & ENGAGEMENT, Evidence of success from development plan action OPEN FOR programmes, pre-application processes, policy in practice… BUSINESS
CASE STUDY 8A - CROMLEYBANK, ELLON
The SDDT, along with the Council’s Planning Information and Delivery Team (PIDT), have been working together to This case study focuses on Cromleybank, CROMLEYBANK facilitate the delivery of large scale sites Ellon, a 980 Houses plus 2Ha Employment within a Strategic Growth Corridor in Land allocation identified within the LDP Aberdeenshire. Sites at Cromleybank, 2017. This is one of the largest allocated Ellon (980 Houses plus 2Ha Employment and currently undeveloped sites in the Land) and Balmedie (up to 200 houses LDP and would act as a major expansion across 2 sites plus up to 11Ha Employment to the town of Ellon which currently has land across various phases) have been a population of approximately 9,000 progressed. people.
Both sites had stalled following initial The Cromleybank allocation is for a mixed allocation and movement towards use development which aims to provide delivery, due to a variety of issues. one of the largest and prosperous towns However, continued dialogue with in Aberdeenshire with an integrated In order to do this monthly stakeholder developers and stakeholders, as well as package of high quality development meetings are arranged by the PIDT for working to understand and address site including 980 units of housing, new the developer/stakeholders, the Planning constraints, has enabled progress on the employment land and community Service (SDDT) and any other relevant sites. facilities on and adjacent to the site of parties such as Roads, Developer the recently built secondary school (built Obligations and Housing. In these With regard to Cromleybank, monthly under a separate planning consent). meetings, the PIDT work to resolve any stakeholder meetings have re- Under the previous LDP, however, the site outstanding issues by identifying actions commenced, with the SDDT and PIDT came with significant infrastructure issues and solutions. working with the developers and that needed to be addressed. stakeholders to address issues, scope out Currently, the development is now at the and quality check supporting information In 2015 and early 2016, the Delivery Team stage where a planning application can be and navigate POAN and Screening stages took an active role in trying to progress submitted. The work that has gone into in order to accommodate amended the site to the stage where an application the pre-application and delivery process project parameters. This joint working could be submitted with regular meetings has meant that significant progress has combines to provide greater certainty with developers, Council Services and been made towards resolving the issues for the developer and reassurance that Elected Members. However, the issues that constrained the development initially any resultant application can be assessed surrounding infrastructure meant that no and we are confident that this major site and processed as efficiently as possible application came forward although the can now be delivered. Additionally, both as a result of the front loading of many Development Framework was agreed by the SDDT and the developer are keen detailed aspects in order to ultimately the Local Area Committee. Continued to enter into a Processing Agreement ensure the successful delivery of the uncertainty regarding infrastructure which would set out the timescales for development. requirements and the proposed LDP submissions and a route to determination. meant that the project was put on hold The case studies illustrated provide until the Reporter’s Examination was The above serves as an example of the examples of a proactive approach and concluded. PIDT project managing an allocated show the benefits of working with site in order to overcome constraints. other Council Services, developers and In January 2017 the pre application This is an excellent example of working landowners to deliver quality outcomes in process was re-started as the developer/ in tandem with internal Council a range of areas. relevant stakeholders were again keen to Services and engaging positively with progress and deliver the site in light of the development industry and other the return of the LDP from the Scottish stakeholders at an early stage to progress Government. a large scale development, building up a knowledge base and developing effective The previous work undertaken by the relationships between the development Team meant that a solution regarding industry and Aberdeenshire Council. certain constraints could be found and that the site could now be progressed The Development Framework with both the PIDT and the SDDT working and associated documents for the closely with the developer/stakeholders development site can be viewed on the to deliver the allocation of this major site. Council’s website.
PLANNING PERFORMANCE FRAMEWORK 33 CASE STUDY 8B - BALMEDIE
ALLOCATED SITE AT BALMEDIE
This case study focuses on two allocated masterplan process. The developers have sites OP1 and OP2 in Balmedie, allocated been made aware there will be no agreed for up to 11Ha Employment land across masterplan for these sites, and any various phases and 200 houses, application submitted will be required to respectively. Balmedie is a settlement be assessed as a departure from the LDP located just north of Aberdeen City. It is 2017. In order to ensure that the sites located within the administrative area of are integrated in the absence of a wider Formartine. masterplan the Team are working closely with the individual developers to manage The SDDT have been involved with the and oversee each individual development delivery of this development due to to ensure that the wider site is well an unresolved issue with the required integrated and connected despite the masterplan. Both sites mentioned above likely ad hoc nature of the development. are required to submit a joint masterplan outlining how the sites would develop as At this point both the PIDT and one integrated development. There are, the SDDT have had positive pre- across the two sites, three different land application discussion with two of the owners and despite a number of meetings three site owners, both of which have a consensus could not be reached with confirmed that planning applications the land owners on how the site could are forthcoming in the next few months be developed. The site has, therefore, and we are confident that the aims of been constrained for the last number of delivering an integrated development will years. Part of the work carried out by the be realised. PIDT over the last year has been trying to move forward and resolve the constraints The above Case Study serves as an currently experienced on these sites. example of how the Planning Authority are willing to enter into discussions The outcome of this work is that no regarding sites and take a proactive and agreement can be made for the required flexible approach to ensure that sites masterplan. We will, therefore, accept allocated within the LDP can be delivered. applications from each of the separate developers without going through the
PLANNING PERFORMANCE FRAMEWORK 34 Number of Planning Application/Notifications Received (Valid), includes all types of submission
YEAR APPLICATIONS Number of Applications Received 2012-13 3831 5000 2013-14 3775 4000 2014-15 3674 3000 2015-16 3421 2000 2016-17 3106 1000 0 2016-17 Breakdown by Month 2012-13 2013-14 2014-15 2015-16 April 286 May 301 June 338 Number of Applications Received - 2016 ABERDEENSHIRE IS ‘OPENJuly FOR BUSINESS’290 August 256 400 350 September NUMBER233 OF PLANNING APPLICATION/NOTIFICATIONS Development Management RECEIVED (VALID), INCLUDES ALL TYPES OF300 SUBMISSION * October 207 250 200 A major consideration during the reporting periodNovember was the 223YEAR APPLICATIONS impact of the oil/gas downturn on development in general 150 and the workloads in terms of application numbers.December Whilst 2012-13220 3831100 the numbers of applications reduced, it was Januarynot by as much 208 50 as expected. A variety of application types were received in 2013-14 3775 0 addition to pre application submissions. An additionalFebruary awareness 234 in terms of delivery and performance was cognisance to new 2014-15 3674 pressures and requirements for change associatedMarch with the 310 Planning Service’s customers and key stakeholdersTotal as changes in 2015-163106 3421 the economic circumstances and market conditions dictated.
(*At the time of writing the Scottish Government official 2016-17 3106 statistics were not available)
2016-17 BREAKDOWN BY MONTH NUMBER OF APPLICATIONSNumber of Applications Received RECEIVED
April 286 5000 May 301 4000 June 338 3000 July 290 2000 August 256 1000 September 233 0 2012-13 2013-14 2014-15 2015-16 2016-17 October 207 November 223 December 220 Number of Applications Received - 2016-17
January 208 400 350 NUMBER OF VALID APPLICATIONS AND PRE-APPLICATION February 234 300 ENQUIRIES: 2016/17 March 310 250 APPS ENQS 200 Total 3106 150 Major - Non Residential 4 11 100 Major + Local - Dwellings 937 538 50 0 Local - Non Residential 809 370 Local - Householder 866 129 Heritage 175 11 Local - Waste 3 0 Local - Minerals 8 1 Local - Electricity 25 7 All Others 279 6 Total 3106 1073
PLANNING PERFORMANCE FRAMEWORK 35 PRE APPLICATION PROMOTION
Continued Consultee Engagement – towards a ‘One Council’ approach.
PRE APPLICATION (AND LIAISON) IN ACTION – NEGOTIATION AND DISCUSSION
‘Open For Business’ – Pre application discussions. The Council’s Roads and Transportation Engineers, as a matter of course, work closely with Planning Officers and developers from first enquiry through to the completion of the construction of a new site. At pre-application stage, this means being available to jointly attend developer meetings or follow up on referrals from Planning Officers to give early advice on the likely infrastructure and transportation issues that will need to be considered within the development design, business case and risk register. The meetings take place both within Council and developer offices, and include site visits when required. The Planning and Roads Development Teams take pride in forging good working relationships with developers, agents and consulting engineers. This builds a common understanding of how to present practical, workable solutions and so avoid unnecessary technical hurdles as the scheme design develops. This is particularly important given the bespoke and sometimes complex nature of achieving a high quality of design in accordance with the Designing Streets principles. As an organisation we are strongly of the view that early intervention can save time and effort for all stakeholders as the planning application and subsequent construction takes place. Aberdeenshire Council covers a large geographical area but we have preserved an area office set up, providing facilities and opportunities to meet locally with developers and their agents.
PRE APPLICATION – PRO-ACTIVE APPROACH AND POSITIVE OUTCOMES
The following case study demonstrates a proactive approach to a proposed development, with associated implications for the community, and regeneration area, whilst dependent on certain funding streams which dictated timescales.
PLANNING PERFORMANCE FRAMEWORK 36 CASE STUDY 9 - FRASERBURGH SPORTS PITCH
A new £1.2m sports facility is currently under construction at the South Links in Fraserburgh.
The 3.3 hectare site is to deliver a new 6 lane athletics track, separate cycling track and new full size modern sports pitch for the town, with the aim of meeting various aims and objectives, particularly those contained within the Fraserburgh Regeneration Action Plan 2013-2017 which cited ‘delivering new and or improved sports facilities’ and ‘improving the overall health and wellbeing by maintaining and encouraging sporting participation’ amongst the circa 13,000 residents as two key objectives.
After a robust feasibility study and SWOT analysis of various sites in the town the site at the South Links was put forward given its clear linkages with the existing ‘Fraserburgh Sports Hub’ consisting of LOCATION PLAN & APPROVED LAYOUT various existing facilities and pitches Chapter 2a Case Study – Fraserburgh Pitches all located in close proximity to one centred on James Ramsay Park - the focal point of leisure and recreation within the town. The Planning Service’s involvement in the proposal began at the pre-application enquiry stage in April 2016 when approached by an agent, appointed to represent the applicants - Fraserburgh Development Trust Limited SITE BEFORE SITE AFTER - a membership led charity tasked with working with the local community to bring improvements to Fraserburgh and As part of the assessment of the The Planning Service were in a position to its surrounding area. planning application issues including manage the determination process and the principle of building new sports timescales to ensure that the planning As part of the preliminary assessment of facilities on protected land in addition application was reported to an agreed the proposal, it was confirmed that due to landscape impact, public access, car Area Committee meeting. The application to the size of the site that any formal parking provision and infrastructure was determined at an Area Committee planning application would be considered matters were all considered. On balance meeting on the 27 September 2016 in to be a major development under the it was deemed that the application could line with the determination timetable. hierarchy of development. The enquiry be supported in principle as a result of Following unanimous backing from followed the formal Pre-application the improved facilities which would be Elected Members the formal planning Service and was the subject of a Pre- delivered with minimal negative impact decision was issued within the statutory application meeting with key consultees upon the existing land use. All technical determination period and the timescales in attendance along with the developers. matters were adequately addressed with required by the agent. This meeting was held on the 26 May all consultees involved, including national 2016 and provided the applicants/agents bodies such as SEPA and Sports Scotland, The successful determination of this with the opportunity to inform consultees remaining supportive of the development. planning application, in a timely and of their intentions whilst allowing the satisfactory manner for all involved, was consultees in turn to highlight any specific It was evident from initial discussions with achieved via the proactive approach issues and/or request assessments/ the agent that the project was subject to adopted by the Planning Service and the supporting information that would be strict timescales associated with funding agent from the outset along with clear required to ensure the submission of a streams, therefore it was essential that communication throughout in terms of complete planning application at the the application was appropriately project the aims and requirements for all parties. validation stage. managed and that the determination The close working relationship between period and the key determination stages the agent and the Planning Service from The formal planning application was identified and discussed at the initial pre- the initial pre-application stage continues subsequently lodged on the 22 July application stages were monitored and via the recent discharge of conditions 2016, once the statutory Pre-Application achieved during the formal determination which allowed the developers to make a Consultation (PAC) with the local period. start on site in May 2017. community had been completed.
PLANNING PERFORMANCE FRAMEWORK 37 CASE STUDY 10 - OPEN FOR BUSINESS – LOCAL PRE-APPLICATION CONTINUING COMMITMENT – QUALITY OUTCOMES TO REGENERATION THROUGH NEGOTIATION AND DISCUSSION The Aberdeenshire Local Policy B4 Special Development Plan 2017 (ALDP development areas 2017) continues to highlight We will consider helping Planning permission was sought to part change the use of a and promote regeneration start-up businesses in the hotel to a dwelling. Initially the Planning Service had concerns of its northernmost areas regeneration priority area regarding amenity impact and also whether the viability of the through a policy to promote (as defined on the proposals hotel had been tested. Consequently, the initial application was start-up businesses through maps and in detail in the withdrawn and the applicant engaged with both the Planning co funding from new housing “Regeneration Priority Area” and Environmental Health Services with regard to the level of and through a refresh of work Supplementary Guidance) by information relating to noise and viability required to allow for through the ‘4 Towns Strategy allowing co-funding through a favourable recommendation to be made. These discussions (Item 7)’. New Supplementary modest housing developments resulted in a revised application which the Service would be able Guidance for Regeneration where these are essential to support albeit the application was withdrawn prior to granting Priorities is also referenced to allow the development permission. The hotel continues to operate today. through the Plan. to proceed and this is not a substitute for normal development funding.
CASE STUDY 11 - PLANNING & REGENERATION: DEVELOPER OBLIGATIONS EXEMPTION
Aberdeenshire Council has been carrying out a refresh of its approach to Regeneration by building on the work carried out previously in the ‘4 Towns’ of Banff, Macduff, Fraserburgh and Peterhead (Item 7). The strategy stated that the ‘4 Towns’ should continue to be the focus of activity due to the poor
Scottish Indices of Multiple Deprivation PETERHEAD TOWN CENTRE (SIMD) and the continuing fragility of the local economies with their poor resilience An exemption from developer obligations support this work of which the proposed to difficulties caused by factory closures within the four regeneration towns would exemption from Developer Obligations and changing economic trends. have direct financial benefits to the is part. Alongside this work Officers developers and it could have a positive across the Council are also continuing to A significant issue requiring to be impact on the attractiveness of these areas identify and deliver a range of innovative addressed in these areas are the number for development. It would also result in a approaches to promote and encourage of vacant, derelict and disused buildings less bureaucratic system, reducing “red tape”, investment and economic activity within and sites within the town centres. and the perception that the Council may the area including the recent decision to These vacant, deteriorating, derelict be hindering redevelopment opportunities proceed with a Simplified Planning Zone and abandoned buildings and land by placing additional costs upon what may (SPZ) in Peterhead. have a highly detrimental impact on the already be a subsidised project. appearance/amenity of the surrounding This proposal is also in keeping with the area, discouraging inward investment, It is hoped that this positive measure of aims and objectives of The Town Centre negatively affecting surrounding property support from the Council will be used First Principle, which was approved values, having a negative impact on as a promotional tool and provide some as a policy for Aberdeenshire Council regeneration and in some cases posing a certainty to developers in order to generate in December 2016 requiring that: health and safety risk to members of the interest in developing in these areas. The Government, Local Authorities, the wider public. ultimate goal is to bring life back into public sector, businesses and communities derelict or vacant buildings/sites and put the health of town centres at the heart As part of continuing work to address unlock the wider social and economic of proportionate and best value decision these problems and improve the physical benefits that redevelopment would bring to making, seeking to deliver the best local realm, the Council has now introduced these areas. outcomes regarding investment and an exemption within the ‘4 Towns’ from de-investment decisions, alignment of having to pay developer obligations on Aberdeenshire Council is committed to policies, targeting of available resources to new developments, particularly on sites Regeneration of its four northern towns and priority town centre sites, and encouraging within town centres. Action Plans have been developed to vibrancy, equality and diversity.
PLANNING PERFORMANCE FRAMEWORK 38
Aberdeenshire Council Infrastructure Services CHAPTER 2B – CERTAINTY Development Management Charter
Aberdeenshire continuing to deliver certainty.
Delivering, promoting and retaining Certainty in dealing with major certainty remains a priority in all elements developments and associated Section 75 of the planning work we do. Legal Agreements kept the focus on these aspects of performance as a priority. Certainty will rely upon an up to Respective reviews and improvement Aberdeenshire Council date Local Development Plan. The projects have made progress. Infrastructure Services Aberdeenshire Local Development Plan was heading towards adoption during Various service improvement initiatives PlanningMarch Enforcement 2017 the reporting period, with the Reporter’s and projects continued throughout the Report on the Examination being received reporting period to ensure certainty as Charter and acted upon before the Plan was well as consistency and best practice. reported to the Full Council, prior to formal adoption. Continuing the quest to deliver, promote and retain certainty both Certainty was retained in ensuring all the Development Management and applications received continued to be Enforcement Charter have been reviewed dealt with in an efficient and timely and updated. manner. Certainty could be reflected in the rates of approved applications and applications dealt with under delegated powers remaining consistently high.
Serving Aberdeenshire from mountain to sea – the very best of Scotland
DEVELOPMENT PLANNING
The Local Development Plan timetable set out in the Development Plan Scheme, was followed and adhered to. The Local Development Plan Examination however took 13 months (against a programmed 9 months) which caused some difficulties in terms of meeting deadlines for Committee approval of the Local Development Plan.
During the Examination a total of 22 Information Requests were received and responded to, and a single morning Hearing took place scrutinising issues relating to housing land supply.
On receipt of the Reporter’s Report and Table of Recommendations on the Local Development Plan Examination on 20 December 2016 we acted efficiently to report the findings to six Area Committees before presenting the final Aberdeenshire Local Development Plan 2017 to Aberdeenshire Council at its meeting on 9 March 2017. All possible haste was employed in this process to LDP HEARING TOOK PLACE IN INVERURIE ensure that the Plan was presented for adoption before the 5 May 2017 election.
PLANNING PERFORMANCE FRAMEWORK 39 Household performance continued to improve from the last reporting period at 93.6%/6.8 average weeks to 96.1%/6.7 CERTAINTY AND PERFORMANCE average weeks.
IN DECISION MAKING Non-household performance has improved from the last reporting period at 65.7%/14.1 average weeks to 84.9%/9.9 PERFORMANCE 2016-2017 average weeks. BOTH % IN 2 MONTHS AND AVERAGE WEEKS
QUARTER 1 QUARTER 4 QUARTER 2 %/ QUARTER 3 %/ TOTAL 2016/17 %/ 2016/17 %/AVERAGE %/AVERAGE AVERAGE WEEKS AVERAGE WEEKS AVERAGE WEEKS WEEKS WEEKS
HOUSEHOLDER 96.1 / 6.6 96.6 / 7.0 95.3 / 6.7 96.2 / 6.4 96.1 / 6.7
NON-HOUSEHOLDER 85.4 / 9.5 84.6 / 11.9 81.3 / 9.2 88.4 / 8.3 84.9 / 9.9
2016/17 90.1 / 8.2 89.6 / 9.9 87.0 / 8.2 91.5 / 7.6 89.6 / 8.6
2015/16 76.1 / 13.1 74.9 / 10.4 75.3 / 10.5 78.1 / 11.7 76.0 / 11.4
2014/15 51 / 12.4 66.8 / 13.2 70.6 / 12.0 73.4 / 11.6 65.4 / 12.4
%S ONLY QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
2014/15 51% 67% 71% 73% 65%
2015/16 76% 75% 75% 78% 76%
2016/17 90% 90% 87% 92% 90%
Overall Performance OVERALL PERFORMANCE 2016-17 % ALL LOCAL APPLICATIONS DETERMINED% All Local Applications Determined Within 2 Months WITHIN 2 MONTHS Numbers of applications received reduced 2014/15 2015/16 2016/17 in this reporting period due to the full 100% effect of the oil/gas downturn in the north east. This was a relatively unique set of 80% circumstances for Aberdeenshire Council 60% with the Planning Service dealing with less than the usual application workload. 40% The numbers did not reduce as much as 20% anticipated, with 315 less applications 0% being received in the reporting period. Quarter 1 Quarter 2 Quarter 3 Quarter 4
Notwithstanding, the focus of performance was as strong and arguably more so as the strong brief to continue Local Development decision-making (Refer to Chapter 2c – Communications, improvement was very much adhered to has again been the focus for continued Engagement & Customer Service - by Officers. Any capacity in workload was improvement through various Creating conditions for Certainty) diverted to other necessary work focusing mechanisms and collaborative work on continuous improvement. with stakeholders. Retaining the focus (Refer to YEAR APPLICATIONS Chapter 2a – Improvement Project and and recording further improvement Initiative Strategy) is welcomed. Despite a reduction in the numbers of applications received, 2012-13 3831 Overall performance has continued to there has been no let-up in the focus improve in local development categories. to improve performance. In fact the 2013-14 3775 Householder decision-making remains at economic downturn has arguably a high level of performance which is vital necessitated stronger performance in 2014-15 3674 for the customer as the Service deal with delivery of development in certain areas a high number of domestic applications, of business and housing to address the 2015-16 3421 each one of great importance for each changing market conditions. applicant. 2016-17 3106
PLANNING PERFORMANCE FRAMEWORK 40 Performance – National comparison *
PERCENTAGE OF LOCAL APPLICATIONS DETERMINED WITHIN 2 MONTHS
2012/13 2013/14 2014/15 2015/16 2016/17
ABERDEENSHIRE 62.3% 69.4% 65.4% 76.0% 89.6% Percentage of Local Applications Determined Within 2 Months SCOTLAND 69.0% 72.5% 72.1% 73.4% 2012/13 2013/14 2014/15 2015/16 2016/17 Aberdeenshire*At the time of writing62.3 the Scottish69.4 Government 65.4official statistics76.0 were not89.6 available. Scotland 69.0 72.5 72.1 73.4 NATIONAL COMPARISON CHART Percentage of Local Applications Determined Within 2 Months RATES OF APPROVAL Percentage of Applications Approved During the Reporting PeriodAberdeenshire Scotland 80 AND DELEGATION % Approved 70 % of Applications Approved 2012/1360 90.5% 2013/14 92.8% 50 2014/15 92.0% Close monitoring of both rates of approval 40 110% 2015/16 93.9% and delegation have continued. Both are 2016/1730 93.5% 90% 20 vital to efficient decision making but also 70% 10 ensuring confidence of customers and the 0 50% *At the2012/13 time of writing2013/14 the Scottish2014/15 Government2015/16 official 2016/17 statistics development industry. were not available. 30%
10% 2012/13 2013/14 2014/15 2015/16 Approval Rates PERCENTAGE OF APPLICATIONS APPROVED DURING THE Percentage of Delegated Decisions During the Reporting Period REPORTING PERIOD
% OF APPLICATIONS% of Applications Approved APPROVED % Delegated % APPROVED 2012/13 87.7% % of Delegated Decisions 2013/14110% 88.9% 2012/13 90.5% 2014/15 90.3% 110% 90% 2015/16 91.4% 2013/14 92.8% 90% 2016/1770% 91.8% 2014/15 92.0% 70% 50% 2015/16 93.9% 50% 30%
30% 2016/17 93.5% 10% 2012/13 2013/14 2014/15 2015/16 2016/17 10% 2012/13 2013/14 2014/15 2015/16 Delegated Rates PERCENTAGE OF APPLICATIONS DELEGATED DURING THE REPORTING PERIOD
% OF DELEGATED % of Delegated DecisionsDECISIONS % DELEGATED
110% 2012/13 87.7%
90% 2013/14 88.9%
70% 2014/15 90.3% 50% 2015/16 91.4% 30%
10% 2016/17 91.8% 2012/13 2013/14 2014/15 2015/16 2016/17
PLANNING PERFORMANCE FRAMEWORK 41 Legacy Cases Performance Priorities
The continued focus on legacy case reduction and prevention (Also refer to Chapter 2B Certainty – Major Applications with has proved successful, with just 6% of all cases being over one Legal Agreements) year old. Priority focus has remained on: PERCENTAGE OF PENDING APPLICATIONS LEGACY CASES (OVER ONE YEAR OLD) • Major Application performance • Legal Agreement performance LEGACY PENDING % LEGACY CASES
2012-13 1033 232 22%
2013-14 947 146 15% MAJOR APPLICATIONS PROGRESS IN PERFORMANCE 2014-15 761 98 13%
2015-16 617 43 7% DECISION TIMESCALE - AVERAGE WEEKS 2016-17 667 43 6% % Pending Legacy Cases AVERAGE WEEKS % PENDING LEGACY CASES 2012/13 132.9
25% 2013/14 115.9 20% 2014/15 107.8 15%
10% Decision Timescales - Major Applications 2015/16 86.3 5% Decision Timescale 2016/17 - Average Weeks77.8 Average Weeks 0% 2012-13 20132012/13-14 2014-15 132.92015-16 2016-17 150 2013/14 115.9
2014/15AGE OF LEGACY 107.8 *PPA IN PLACE 100 2015/16CASES 86.3 2011 2016/171 77.8 0 50 2012 1 0
2013 3 1 0 2012/13 2013/14 2014/15 2015/16 2016/17 2014 6 5
2015 15 9 Major application timescales continue to slowly improve. Focus remains on reducing these timescales to more acceptably meet 2016 17 16 national averages. Again the project management tools have assisted. Further joint work with Legal Services has taken place during the reporting period with the sole aim of improving the * Planning Processing Agreement Section 75 timescales, particularly relating to major applications. (Refer to - Chapter 3a – Efficient and Effective Decision Making Currently a scoping exercise is taking place with a view to - Legacy Strategy) the roll out of an improvement project. The completion of this project and the outcomes will be added as a new Service improvement commitment for the coming year.
(Refer to Chapter 2B Certainty - Legal Conveyancing – Section 75 Timescales)
PLANNING PERFORMANCE FRAMEWORK 42 EXPLAINING DELAYS
As from Quarter 3, explanations on delayed applications are submitted to the Government’s statisticians. This assists in not only identifying where the issues lie but also to prevent such issues occurring MAJOR APPLICATION again by way of best practice and/or reviews in procedures. ASSESSMENT 2016/17
Looking into the major applications for Major Application 3. the reporting period the following has This application was validated on 8 resulted: Sept 2014 and, following resolution of all technical matters, was reported 22 Major Applications Issued During to Committee on 28 April 2015 and Reporting Period again (following deferral) on 19 May 16 Had a PPA in place 2015. Members delegated the granting 15 Issued within the PPA timescale of permission to the Planning Service 6 Majors Issued without PPA in place subject to a road levy being agreed.
Negotiation on this levy was concluded
on 24 August 2015 and a S75 was Of the 6 major applications that had no instructed on that date. This S75 was PPA’s in place, 5 recorded delays. The concluded on 7 October 2015 and following explanations for delay were permission issued on 10 October 2015. found: The Service verbally pursued a Processing Agreement to manage this project but Major Application 1. the applicant was not forthcoming in The agent for this application did this regard. It is accepted that written not agree to enter into a Processing records to this effect would have been Agreement (PPA). beneficial and procedures have been put in place to ensure written evidence of The timescales relating to the any unsuccessful attempts to enter into determination of the application were Processing Agreements are recorded. simply a result of process. The nature of the application required a Pre Major Application 4. (Legacy) Determination Hearing to be held, this in This application was delayed with respect itself was delayed as a result of a change to a Trunk Road issue. A Processing in circumstances surrounding works to Agreement was not agreed with the the Aberdeen Western Peripheral Route applicant. (AWPR) adjacent to the site for which the applicant had to amend the submitted Major Application 5. (Legacy) Transport Assessment (TA) at short The applicant for this application did notice as they were not made aware of not agree to enter into a PPA. Area the changes. Following this, a Service Committee deferrals added time to the decision was made to assess all similar process. applications that included the provision of retail (supermarket) in tandem and Major Application 6. present at the same Area Committee/ Issued in time Full Council meetings. Therefore, the timescales were dictated by other (Refer to Case Study 12 - Pre-App applications up to the final decision. Review below)
Major Application 2.
The applicant was reluctant to sign a
PPA. Area Committee Members further
deferred the application to allow more
time for matters to be concluded which resulted in the elongated application
determination process.
PLANNING PERFORMANCE FRAMEWORK 43 PRE APPLICATION REVIEW
CASE STUDY 12 - PRE-APPLICATION PROCESS REVIEW
A committed Service improvement We are now in the process of collating from last year was to review the Major and reviewing all of the information Application process. gathered which will feed into updated guidance on the assessment of pre Aberdeenshire Council is committed to application advice requests and allow improving its pre-application service by us to formulate recommendations for encouraging early collaboration with improvement. It is anticipated that the applicants and consultees. Alongside recommendations will include improving general pre-application enquiries the the quality of outcome in terms of quality Council already provides a specific and benefit and timescales for responses. service for those undertaking a Major Also consideration is to be given to development. This involves bringing the location of the major applications together key consultees to discuss the meetings to encourage Services to take development proposals. It is, however, part without having to travel into the main recognised that this service can be Council Offices in Aberdeen each time, improved. the frequency of the major applications meetings, the minimum information The Strategic Development Delivery Team required to be submitted for pre- (SDDT) along with a Council Improvement application assessment and the possibility Officer are working together to review of charging for pre-application advice. the existing pre application service. Initially the review covered Major Planning Whilst the review is still ongoing, it is Applications only, but has since been anticipated that the recommendations expanded to take in all pre-application will be phased in the first half of 2017/18, enquiries. The review includes looking and will then be reassessed before March at the pre-application information forms 2018. used, methods of logging the enquiries and also how to process the enquiries (This will continue as a Committed once allocated to an Officer in order to Improvement – Refer to Section 3a – enhance the service. Service Improvements 2017-18)
So far, contact has been made with a range of service users and groups involved with the application process, including Planning Officers and consultees. Benchmarking has taken place with other Local Authorities in Scotland to ascertain their processes and procedures for providing pre-application advice. Focus groups have been held involving staff from all three area based Development Management Teams in order to map the process of managing pre- application requests and to understand the differences between the areas. Information regarding general timings of how long is spent on processing the different types of pre-application requests (householder, small/medium scale local and major developments) has also been collated.
PLANNING PERFORMANCE FRAMEWORK 44 PROCESSING AGREEMENTS
Processing Agreements (PPA’s) continue to be routinely used on all National, Major, complex and a number of local scale applications to add greater certainty to the process and establish expectations as well as fostering constructive working relationships between stakeholders.
USE OF PPAS BY APPLICATION TYPE - % TIMESCALE MET
NO. ISSUED WITH PPA PPAS MET % PPA MET
Major Applications 16 15 93.8%
Local Applications 446 415 93.0%
EIA Applications 0 0 n/a
Other Consents 29 29 100.0%
Total 491 459 93.5%
Buy in to the concept from stakeholders This work seeks to add to a culture of and developers continues to increase as continuous improvement, looking to knowledge and understanding of this share best practice and improve or refine project management tool becomes more processes as much as possible. prominent. PPA’s and the benefits thereof are highlighted at early pre application Issues do remain with PPA’s becoming an stages of the development process, iterative process with some developers ordinarily at formal pre application seeking to increase or extend the time meetings, if not before, as standard period agreed in order to resolve issues practice in line with internal guidance or to provide essential information. prepared and published previously. The This does serve to dilute the concept SDDT continues to take an active role and is a matter that will require to be in PPA’s across the Council, although addressed through further work and Officers in the Area based Development collaboration with stakeholders. While Management Teams coordinate individual there are many developers keen to utilise agreements and projects. Processing Agreements as pro-active project management tools, there are also Benchmarking of PPA’s with other those who treat it as a tick box exercise Local Authorities has been carried out that can delay any decision. Additional along with the SDDT presenting at an engagement and education is required Improvement Service workshop in June therefore in order to refine and improve 2016 where the benefits and experiences the process. of utilising this project management approach were shared with other SENIOR OFFICERS ATTENDED AND PRESENTED AT AN IMPROVEMENT SERVICE WORKSHOP IN JUNE Authorities. Chapter2016 2b - Images for PPF 2017 Processing Agreements Chapter 2b - Images for PPF 2017 Processing Agreements
Two Senior Planners from Aberdeenshire Council presented at the above workshop:
The use of PPA’s in the delivery of National and Strategic Development (Processing Agreements - Stuart Murison - Aberdeenshire Council)
Project Managing Major and Complex Planning Applications (Communicating with Stakeholders - David MacLennan - Aberdeenshire Council)
Videos: https://youtu.be/ISunjxTrj3E ; https://youtu.be/pOOIaC7t19A
PLANNING PERFORMANCE FRAMEWORK 45 SUSTAINING THE ENVIRONMENT - CERTAINTY THROUGH ENVIRONMENT SPECIALIST ADVICE
A core driver behind Aberdeenshire’s Alongside the formal consultation vision to be ‘the best area’ is that of response process, specialist advice sustaining our high quality environment with regard to the built and natural and diverse culture. In order to environment continued to be delivered strengthen and support this vision, the to Development Management through Development Management Service is a series of regular ‘surgeries’ across able to access specialist internal advice Aberdeenshire, supporting a total of over from the Environment Teams with 1700 applications in 2015/2016, up from respect to the built and natural heritage, less than 1000 in the 2014/2015. These with a total of 137 planning and Listed are backed up by annual training updates Building applications and pre-application to all Development Management teams consultations supported in 2015/2016, up across Aberdeenshire on natural heritage from 94 in the previous year. issues; the Natural Heritage Planning advice was reviewed, updated and Over the same time period, the promoted. percentage of planning and Listed Building applications responded to Specialist advice on the historic within the required internal timescale environment is also provided by Specialist saw a significant improvement, more Services Archaeology staff. A total of than doubling to over 50%, although it is 371 planning applications and 10 major acknowledged that further improvement applications for Aberdeenshire in 2016/17 is required. were advised upon by the Archaeology Team with an average response time of 18.36 days.
DEVELOPER OBLIGATIONS – CO-ORDINATED APPROACH TO PERFORMANCE IMPROVEMENT
Since the publication of Planning A. Developer Obligations Workshops and Seminars Performance Framework 2015/16, there has been a co-ordinated approach by the Council’s Conveyancing and Between August and December 2016 the Developer Obligations team embarked Developer Obligations Teams to improve on a tour of Aberdeenshire hosting a series of seminars and workshops for Council performance and secure the delivery of Committees, Community Councils, Area Management Teams, Agents and Developers. infrastructure and affordable housing. The purpose of the workshops and seminars was to:
The Developer Obligations Team sit within • Clarify the legislative background to the collection Business Services within the Council and spending of contributions; and are a consultee in the Development • Promote the work of the Developer Obligations Management process. The Conveyancing Team; Team also form part of the Council’s • Clearly outline the different ways to engage with Business Services and are responsible for the Team; administering the S75 Planning Obligation • Promote the benefits of pre-application process following instruction from the discussions; and, Council’s Development Management • Highlight the successful delivery of infrastructure Teams. as a result of Developer Obligations.
As a consultee in the Development management process, the Developer Obligations Team has sought to improve performance by:
PLANNING PERFORMANCE FRAMEWORK 46 B. Developer Obligations Customer Charter E. Issuing Acknowledgement Emails when Consultations are received In January 2017, the Developer Obligations Team produced its first Customer Charter in consultation with key stakeholders in the Developer Obligations process. In consultation with the Development Management Teams the failure to acknowledge the receipt of a consultation request was The Charter outlines: considered to cause confusion as to whether a response from the Developer Obligations Team had been received. This would • The level of service that the Developer Obligations Team lead to delays in the determination of planning applications. has committed to provide to its partners and customers; In response an acknowledgement letter template has been • The time taken to respond to formal consultations and created and is issued to the Planning Case Officer once a enquiries; consultation request has been received. • The level of information that should be submitted in support of a planning application or enquiry in respect of Developer F. Developer Obligations Presence in Area Obligations; and, • How to contact the Team. Offices To ensure that the channels of communication remain open between the Developer Obligations Team and the Development C. Procedure for the Refusal of Planning Management Teams, Officers from the Developer Obligations Permission without Developer Obligations Team are encouraged to work from the Banchory Office as well as each of the Development Management area offices. This gives being agreed Officers the opportunity to discuss consultations, visit sites and learn about the respective Development Management and Developer Contributions processes. Previously there was agreement between the Planning Service and the Developer Obligations Team that no planning Together these measures have impacted significantly on the applications qualifying for Developer Obligations would be performance of the Developer Obligations Team and the determined without agreement on the level of contribution to be Planning Service’s Development Management Teams. secured. This was to prevent a situation (that occurred regularly) where any subsequent appeal/ review that was upheld would be done so without securing Developer Obligations. Since being introduced each of the measures detailed above It has now been recognised that this has been a barrier to the have led to a 40% increase in pre-application enquiries timeous determination of applications meriting the refusal of submitted directly to the Developer Obligation team since planning permission. October 2016. In addition, there has been a marked increase in the performance of the Developer Obligations Team whereby The Developer Obligations process has now been revised to 97% of the consultation requests received are processed allow applications to be refused where they do not satisfy and Heads of Terms issued within 14 days. This compares to the relevant Developer Obligations policies in the Local previous figures of 82% during the period of PPF 2015/16. Development Plan. These improvements to the level of service provided by the Developer Obligations team give applicants, land owners and In circumstances where an application is refused and an appeal/ the Development Management Case Officer clarity and certainty review is submitted, the Developer Obligations Assessment over the level of contribution that is likely to be generated Report is now included in the Planning Case Officer’s response by a proposed development. This can be directly attributed to the grounds of appeal. This ensures that the matter of to the evidenced improvement in the timescales involved in Developer Obligations is included in the Reporter/ LRB’s determining non-householder planning applications over the last assessment of the appeal/review. 12 months.
D. Access to Uniform and Idox The work of the Developer Obligations Team is synonymous with that of the Conveyancing Team within the Council’s Legal and Governance Service. This is due to the need to secure Working in partnership with the Planning Service the Developer contributions by way of Legal Agreements. Both teams work Obligations Team has access to the software used to facilitate in partnership with the Planning Service to determine planning the statutory development management and building standards applications as quickly as possible while maintaining quality processes. within the decision making process.
This has enabled the Developer Obligations Team to monitor the planning/ building histories of sites, invoice developers as and when completion certificates for qualifying developments have been obtained and also fully digitise the Developer Obligations process.
PLANNING PERFORMANCE FRAMEWORK 47 TIMESCALES FOR LOCAL APPLICATIONS WITH APPLICATIONS WITH S75 LEGAL AGREEMENTS LEGAL AGREEMENTS For the purposes of the reporting period and the progress of Section 75 timescales we have to remove the S69s and include the S75s only. As part of the Council’s co-ordinated approach to improving performance the Conveyancing Team embarked • Major applications – as per above all 3 majors had on a sequence of improvements that S75s, averaging 125 weeks; (Last year 160.2) were set out in the PPF 2015/16 and this, in conjunction with more accurate • Local applications – 18 had S75s, averaging 73.0 weeks; reporting of planning applications with Legal Agreements has seen the (Last year – 55.7) average timescales for the determination • Total – 21, averaging 80.4 weeks. (Last year – 65.4) of planning applications with legal agreements drop to an average of 15 During 2016/2017, 18 local applications were determined with Section 75 Legal weeks from the last reporting period Agreements. These applications took an average of 73.0 weeks to determine up from (2015/16). an average of 55.7 weeks during 2015/2016.
This has been achieved by taking Some analysis has been done and there is evidence that the lack of Processing into account the number of planning Agreements and the submission of the majority of the local applications prior to the applications that are subject to both introduction of the Council’s Section 75 template would have impacted on timescales. Section 75 and Section 69 Legal It is positive to note that the 7 applications submitted after 1 March 2016 that were Agreements whereas previously the subject to the Council’s Section 75 template took an average of 22 weeks to determine. Council only reported applications with The most notable delay in the S75 process relates directly to the time taken for Section 75 Legal Agreements. As such applicants/ land owners to sign the finalised document and return it to the Council. although improvement is recorded overall This is evidence that is being brought forward to form part of the Improvement Project there cannot be a direct comparison committed for the next reporting period. between the two reporting periods given the presence of the Section 69 Refer to: Local Applications with S75 Legal Agreements Agreements now being taken into account.
MAJOR APPLICATIONS WITH S75 LEGAL AGREEMENTS
Although the average time taken to process Major Applications with S75 Legal Agreements remains high at 125 weeks this is a reduction from 160.2 weeks in 2015/2016. The Council’s commitment to clearing legacy applications to promote the delivery of strategic development in Aberdeenshire continues and this does inevitably have elements of impact on performance. The offending Major Legacy Applications with Legal Agreements that were determined in 2016/2017 were not the subject of Processing Agreements. Following PPF 2015/16 measures are now established to promote the use of Processing Agreements for all Major Planning Applications that attract Legal Agreements. This is reflected in the Headline Indicators whereby 16 out of 22 Major Planning Applications determined in 2016/2017 were the subject of a Processing Agreement. Only 6 out of the 22 Major Applications determined by the Council did not benefit from a Processing Agreement and only 3 of which required S75 Legal Agreements. An analysis of the delays are demonstrated in the table below whereby the most significant delays in the S75 process occurred during the negotiations of the draft document and when the finalised S75 was issued to the applicant/ land owner for signing. Had the S75 Legal Agreements been the subject of the template introduced on 1 March 2016 it is likely that the time taken to process these applications would have been reduced. These 3 applications are legacy applications having been submitted to the Council between 2013 and 2014. Omitting these applications from the Headline Indicators gives an average timescale for the determination of Major Planning Applications of 30.6 weeks which is slightly higher than the Scottish average for 2015/2016 (30.5 weeks).
PLANNING PERFORMANCE FRAMEWORK 48 APPLICATION DATE OF S75 S75 ISSUED SIGNED S75 DECISION DATE VALID PPA WEEKS NUMBER INSTRUCTION FOR SIGNING RETURNED ISSUED
APP/2013/0816 18.03.2013 01.10.2013 27.02.2014 31.03.2016 08.04.2016 No 160
APP/2014/3671 16.10.2014 01.06.2015 30.06.2015 21.06.2016 31.10.2016 No 106
APP/2014/3200 08.09.2014 10.09.2015 23.09.2015 07.10.2016 10.10.2016 No 109
The Council’s Scheme of Delegation allows Officers to report applications attracting Legal Agreements back to Committee for refusal in circumstances where:
• The Committee has already sought to grant planning permission subject to the completion of a Legal Agreement; and, • The Legal Agreement has not been concluded 4/6 months after the application was originally reported to the Committee.
This option is not however conducive to securing the delivery of development on strategic land allocations within Aberdeenshire or addressing the current housing need in North East Scotland. In the case of the Major Legacy Applications referred to above (applications ref: APP/2013/0816, APP/2014/3671 and APP/2014/3200), all 3 sites formed strategic commercial and housing development land allocated by the Aberdeenshire Local Development Plan.
The Council advocates working in partnership with applicants and landowners to secure the delivery of development in Aberdeenshire. To refuse planning permission on these sites at a time of economic uncertainty in North East Scotland for reasons relating to the time taken to conclude complex Legal Agreements involving multiple landowners would not be the approach of a Council that is supportive of the region’s major employers or one that is Open for Business. Instead the Planning Service in partnership with the Legal and Governance Service continued to negotiate and liaise with the parties involved to ensure the conclusion of the required Legal Agreements and the delivery of planning permission on these strategic land allocations. These decisions will deliver housing while creating job opportunities and sustaining employment in the Aberdeenshire development industry. This is exemplified by a project on the delivery of Affordable Housing where partnership working was successfully demonstrated:
Project on the Delivery of Affordable Housing through the planning system
PREVIOUS, CURRENT AND PROPOSED IMPROVEMENT MEASURES
The Master Section 75 Spreadsheet introduced as an packages by applicants and breaches in the deadlines issued by improvement measure in PPF2015/16 has been effective for the Council for the conclusion of Section 75 Legal Agreements Legal Services to monitor the progress of Section 75’s. This once the final document has been issued for signing. The promotes a continuation of partnership working and improved applications that have been subject to the Council’s S75 communication in the timeous conclusion of Section 75 Legal template demonstrates reduced conclusion and determination Agreements and determination of planning applications. Further times. This evidences the success of the template. In addition upgrades to the Spreadsheet access is currently being reviewed to the above factors impacting on the timescales involved with the advent of Office 365 and the associated tools available in the determination of applications with Section 75 Legal for document sharing. Agreements a common factor in all applications with Section 75 Legal Agreements reported in this PPF relates to there being no The data stored in the Master Spreadsheet demonstrates that Planning Processing Agreement in place although this is now a delays occur in the Section 75 process in a variety of ways e.g. very rare instance. the content of S75 instructions, the submission of inaccurate title
PLANNING PERFORMANCE FRAMEWORK 49 To address these issues the Planning Service and Legal and These improvement measures will allow the Council to Governance Service shall work together over the next 12 months provide certainty and clarity to our customers as well as on an Improvement Project which shall consider the following: realise significant time savings in the Section 75 process and consequently the determination of applications. • Create a more effective shared domain for the Master Spreadsheet; Externally, the Conveyancing Team is working closely in • Establish a protocol for the refusal of non-strategic partnership with the Scottish Government as part of a pilot applications where S75 Legal Agreements are being delayed project formed under the Planning Review to review, streamline by applicants/ landowners without reason; and improve its processes in negotiating Planning Agreements • Establish thresholds for the payment of Developer (including securing affordable housing) with developers. Obligations by Section 69 and Section 75 Legal Aberdeenshire Council is one of only three Councils which have Agreements; been selected to take part in this pilot. Under the auspices of • Establish a consultation protocol for PPA’s taking account this project the Conveyancing Team has seized the opportunity of the timescales involved in the completion of S75 Legal to share its knowledge, experience and lessons learned with Agreements; others taking part in this pilot – and wider. It is anticipated • Provide further and continued training to the Council’s that the outcome of this pilot will inform the National Planning Developer Obligations and Planning Teams on the content Review and best practice at the highest level. of Section 75 Instructions; and, • Provide guidance on the submission of title packages and appropriate deed plans to applicants and landowners at the earliest possible stage in the planning process.
PROJECTS AND INITIATIVES - CERTAINTY FOR STAFF AND CUSTOMERS
Improvement project and Initiative Strategy
In the previous reporting period many of the ongoing projects and initiatives were completed and outcomes reported. Some were at a stage of pre completion and there were some that have been further reviewed to ensure processes and procedures remain up to date and relevant. This overall strategy continues and new projects have been added.
PREVIOUSLY COMMITTED PROJECTS/INITIATIVES
PROJECT/INITIATIVE PROGRESS OUTCOMES
Training/full use/monitoring/ Model Conditions Rolled out future review
Action Plans, review of Customer Survey Work Annual processes, monitoring, improved service
Assessment of Administrative More effective and efficient Continuing Support support service
Training/full use/monitoring/ Prior Approval Process Rolled out update per new legislation
RCC Checklist Created/Rolled out Full use/monitoring
Rolled out but continuous/live Full use by staff/on line/ Best Practice Manual document. Working group will continuously monitored and remain active updated
PLANNING PERFORMANCE FRAMEWORK 50 CONTINUING/NEW
PROJECT PROGRESS OUTCOMES
Engaging with developers More effective and efficient Major Application process various focus groups/ major application process review forums, amalgamated into pre measured by customer application review. satisfaction and quality delivery.
Commenced - benchmarking, More effective and efficient engagement with staff and pre application process, fit for Pre Application Review stakeholders – part of larger purpose Quality outputs to review including major match any charging regime that application process may be introduced.
Legal/Planning Improvement Improve processes and Legal Section 75 timescales project – to be carried out - timescales scoping commenced
Consider and present options Scoping has commenced and Costing Review for charging including pre working groups set up application service
Review process/relate to Legal STC Review Consultation phase Improvement project
MODEL CONDITIONS UPDATE
CASE STUDY 13A - MODEL CONDITION REVIEW:
Following the completion of the Model A key element of the ongoing work Conditions document in 2016, the Model undertaken by the Group involves regular Conditions Group remain in place and liaison with consultees and Development have an active role in monitoring the Management staff at team meetings to document and resolving any issues ensure that information remains up to highlighted by the Development date. The Model Conditions Group have Management staff and consultees that also been promoting awareness of the use have arisen via the application of planning of Model Conditions when determining conditions. This approach has allowed planning applications via further training greater levels of communication and events organised with the Enforcement certainty between the Development Team. The training events attended by Management Section, Planning the Environment Health Section and Enforcement Team and consultees to Development Management staff allowed ensure that use of Model Conditions is an opportunity to reinforce and promote promoted and that any issues highlighted continued good practice and discuss will be actioned and updates will be any specific issues that staff have been communicated in a consistent manner to encountering when applying Model the relevant staff. Conditions.
Model Conditions Staff Guidance
PLANNING PERFORMANCE FRAMEWORK 51 PRIOR APPROVAL PROCESS UPDATE
CASE STUDY 13B: PRIOR NOTIFICATION PROCESS:
The Prior Notification/Prior Approval required to ensure consistency in Working Group have completed their following the procedure. Awareness review of the internal process followed by sessions have also been held with the Council and have produced guidance Development Management staff at Area notes to clarify the procedure for dealing Team meetings to communicate the with Prior Notifications. process that requires to be followed and ensure that staff have a clear The Working Group have since understanding of the procedure that undertaken training sessions with now requires to be followed. The relevant members of Development Management changes have been agreed in terms staff responsible for overseeing the of updates to the Uniform system, validation process to clarify the procedure however the formal update has still to be and the relevant levels of information completed.
STOP THE CLOCK UPDATE
CASE STUDY 13C: STOP THE CASE STUDY 13D: BEST CLOCK REVIEW WORKING PRACTICE MANUAL GROUP PROCESS:
Following on from the Development Management Manual, A Review of the Council’s internal Stop the Clock guidance (STC) the Best Practice Manual has been created and this has been and the application of the STC as a project management tool on going as a continuous improvement project by the Officer during the last two years is underway. In context, the Scottish Working Group. (Refer to PPF 2015-16 Case Study 19C DM Government return on the number of planning applications Manual). The Best Practice Manual, similar to the Development which have been the subject of Stop the Clock has dipped from Management Manual is a wholly electronic document for staff 129 applications in 2015-2016 to 55 applications in 2016-2017. use. The chosen topics are clearly not exhaustive and as such the document is a ‘live’ one and the Working Group remains as an The aim of the Review is to examine the existing guidance active entity. notes, clarify staff awareness of the project management tool and make provision for internal training if deemed necessary. BEST PRACTICE MANUAL – EXTRACT OF ELECTRONIC INDEX In addition, the Working Group have been asked to identify the reasons behind this pattern and to explore whether the Planning Service are making full use of the STC mechanism and if not establish and address any barriers which are discouraging the Development Management Section from applying STC. As part of the Review discussions and feedback sessions have taken place with the Development Management Area Teams. In addition benchmarking has been undertaken with other Local Authorities to review their guidance and use of STC. The Review is presently on-going and will feed into the Legal Improvement Project committed for the next reporting period. Outcomes and actions will form part of the next PPF.
(STC Review – continues as a commitment – refer to Part 3a – Service Improvements 2017-18)
PLANNING PERFORMANCE FRAMEWORK 52 CONTINUED CERTAINTY FOR THE CUSTOMER - E PLANNING PROMOTION AND PERFORMANCE
The e Planning Team continue to strive CHART BELOW SHOWS THE PERCENTAGE OF PLANNING to move all workflows onto the next ONLINE SUBMISSIONS FOR 2016 stage within a timely manner. The e Planning Team are the central feeder of Electronic and Mail submissions for all Planning and Building Warrant Staff. August 2016 brought the introduction of a second Scottish Government Portal for Building Standards and Building Warrant Applications, Technical Observation Responses and Additional Supporting Forms. This involved the training of 2 additional full time staff members and a huge increase in workloads. The introduction of a second Portal meant additional learning for existing staff and the introduction of electronic submissions to agents and applicants for all Building Warrant items. With agents now seeing and appreciating the benefits of the use of the Portals, our electronic submissions are increasing all the time, our average JANUARY TO JUNE 2017 for planning applications is now just over 80%.
The introduction of the second portal for Building Standards has encouraged agents to use this service even more which has increased our online submissions by a further 10%. We have also seen an increase in additional items such as Revised Drawings, Non Material Variations and Compliance of Conditions being submitted via the Planning Portal, this all saves time and resources and brings a quicker response time to the agent.
We continue to monitor where the portal is not being used by certain agents
CHART LEFT SHOWS THE CONTINUED SUCCESS OF VALID APPLICATIONS ACKNOWLEDGED WITHIN 3 WORKING DAYS, WITH PERCENTAGES AVERAGING 99% FOR JANUARY TO JUNE 2017.
PLANNING PERFORMANCE FRAMEWORK 53 ENFORCEMENT IN INTERNAL AUDIT OF ABERDEENSHIRE PLANNING ENFORCEMENT
Progress Made and An Internal Audit of Planning • Improving communication with Enforcement was undertaken between complainants at the outcome stage Improvements Undertaken September 2016 and January 2017. • Providing guidance to staff on the Council Auditors undertook a review serving of statutory Notices and of the processes in place relating to carrying out land searches to ensure planning enforcement. This involved ENFORCEMENTthat formal EVIDENCE NoticesCONT. are served selecting samples of enforcement timeously and to reduce the risk of complaints and reviewing the handling Enforcementchallenge. Decision Report
of the initial complaints through to the final outcome. The Audit concluded that, ENFORCEMENT DECISION REPORT overall, the processes were adequate and adhered to. A number of improvements were recommended which resulted in procedures being updated accordingly.
Some of the key improvements implemented included:
• Providing guidance to the public on matters that the Enforcement Team Overall, the Audit was positive and would/would not deal with, with the reflected, in part, the work undertaken in aim of reducing the number of non- the previous 12 months to improve ways breach complaints of working within planning enforcement. • Developing a Site Visit Protocol to Central to the outcome of the Audit was ensure that site visits are consistently a clear enforcement process map setting documented out the key stages and how decisions • Developing a Decision Report to would be taken, supported by a series of consistently record decision making procedural notes.
ENFORCEMENT EVIDENCE
ENFORCEMENT PROCESS MAP AND PROCEDURE NOTES
Enforcement Process Map
The Enforcement Process Map provides a strong framework for planning enforcement activities in Aberdeenshire. It sets out a clear structure for decision making at each stage of the enforcement process –
1. Investigation Stage – identifying if a breach has occurred 2. Triage Assessment Stage – determine significance of the breach and apply ‘Expediency Test’ 3. Action/Outcome Stage – agree course of action/outcome and timescales 4. Non-Compliance Stage – agree final step in process
The Procedure Notes provide guidance to staff on a range of topics such as how to complete a decision report, codes for recording breaches and outcomes, closing enforcement complaints, recording site visits in Uniform, non-compliance options, how to deal with retrospective applications, and uploading records to Uniform. There are also a series of enforcement admin user notes which have been produced for day to day operating procedures.
PLANNING PERFORMANCE FRAMEWORK 54
Examples of Procedure Note
PLANNING ENFORCEMENT PRIORITY SYSTEM ENFORCEMENT AND SERVICE STANDARDS
CHARTER
Enforcement Priorities UPDATED AND The Public expects that enforcement High Priority Theme Examples
complaints are dealt with as quickly Causing immediate harm to public amenity or the Adverts causing serious road safety issues EXPANDED environment as possible. However, the volume of Causing unrepairable or irreversible harm Partial or full demolition of a Listed Building (LB) Cases where it is immediately apparent that Works to trees subject to a Tree Preservation Order complaints precludes immediate action development is unacceptable on planning grounds (TPO) or within a Conservation Area Causing or likely to cause permanent damage/long Demolition of a building in a Conservation Area being taken on all complaints received. term effects Causing immediate danger or threat to public safety Potential to escalate if not addressed promptly The Planning Enforcement Charter was Over the years this has caused frustration when expectations, albeit unrealistic Non Priority updated and expanded in March 2017. Theme Examples at times, are not met and has led to Unlikely to give rise to severe or lasting harm Minor breaches of a planning condition or approved While it follows a similar format and plans Cases that may warrant the submission of a Adverts causing harm or serious harm to visual complaints from the public about delays retrospective planning application to regulate amenity content to the previous Charter it also acceptable development or impose conditions and the Enforcement Service generally. Breach causing low harm/non immediate harm to Minor works without planning permission e.g. gates, includes a number of new provisions to public amenity or the environment wells, fences, satellite dishes, domestic outbuildings This is not unique to Aberdeenshire Breaches likely to remain stable Minor variations or breaches that exceed PD reflect new processes and procedures as (Permitted Development) limits but is an issue facing most, if not all, Breaches that have gone undetected for a long time part of Service improvements and also (but still within period for taking action) Enforcement Authorities. In 2016 – the recommendations of the Council’s Internal Audit of planning enforcement. 2017 one of the key improvements for Some of the key improvements include: the Enforcement Service has been to The Service Standards to be applied to establish a clear framework for planning ‘priority’ and ‘non priority’ complaints • Clarification on the difference enforcement setting out how complaints ensures that resources are more between a planning enforcement are prioritised and how decisions are effectively used to deal with cases which complaint and a complaint about reached. The Planning Enforcement are causing or likely to cause immediate Service provision, Charter sets out the types of breaches severe or lasting harm to amenity, the • An explanation of how complaints which are considered ‘priority’ and ‘non- environment or public safety. The Priority are prioritised, priority’. System and Service Standards are part • Examples provided of planning of a suite of measures, including a new breaches and non breaches Prioritising complaints is a key strand of enforcement process, which provide a • An explanation of the enforcement the enforcement process with ‘priority’ strong and transparent framework for process in Aberdeenshire, step by complaints being investigated within the enforcement activities in Aberdeenshire. step and how decisions are reached first 24 – 48hrs of a valid complaint being • Frequently Asked Questions (FAQ’s) received and all other complaints visited about planning enforcement within 14 days. Improved screening of complaints at the outset has ensured that more serious breaches are prioritised and acted upon urgently.
ENFORCEMENT PERFORMANCE – HOW ARE WE DOING ?
The number of enforcement complaints received and resolved in Some areas of Aberdeenshire continue to receive more 2016 – 2017 has fallen from the previous period. The reduction complaints than others and the workload and complexity can in new complaints received (from 674 to 486) is largely due vary. This has been challenging for Management to ensure that to more robust screening of complaints at the outset and the sufficient staffing resources are in places of greater pressure and subsequent filtering out of non valid complaints (non-breach are able to respond to urgent enforcement intervention should related complaints). The number of complaints resolved (closed) the need arise. Work has begun to review the distribution of the has also reduced from 1050 to 436. However, the figure for the enforcement workload and will continue into the next reporting previous period was artificially high due to the Team clearing a period. backlog of pre-2015 work resulting in a large volume of cases being resolved and closed. The figures for the 2016 – 2017 Monitoring of workload shows that breaches were largely period are positive and show that compared to previous years, resolved through compliance rather than formal enforcement more cases are being closed and the gap between the number action. However, the number of Enforcement Notices served of complaints received and the number resolved is closing (486 in the period remains fairly constant compared to the previous received and 436 closed). period (43 in 2016 – 2017 and 45 in 2015 – 2016) and reflects the Enforcement Team using a number of tools to address breaches, which include both informal and formal approaches.
PLANNING PERFORMANCE FRAMEWORK 55 IMPROVEMENTS TO BE COMPLETED
Prepare Member and Finalise the Enforcement Area Committee Briefing Policy Protocol for Enforcement As above, due to the audit of planning enforcement, work on the Enforcement Due to the audit of Planning Enforcement Policy was postponed until the outcomes taking priority in late 2016 through to and recommendations of the audit spring 2017, work on the Briefing Protocol were known. Work on enforcement had not commenced. Also given the priorities, which were to be included in Council Elections in May 2017 with the the Policy, were however implemented potential for new Elected Members and and incorporated into the Planning Committee Chairs it was decided to Enforcement Charter. This will be carried postpone the commencement of work forward as a commitment for the next until after summer 2017. This will be period. carried forward as a commitment for the next period. (Refer to Section 3a & 3b – Service Improvements 2017-18)
NEW IMPROVEMENTS FOR 2017 - 2018
Develop the Planning Develop Relations with Enforcement Content on Procurator Fiscal Office – Council’s Website Collaboration and Liaison
Following on from the improvement In November 2016 Officers from the made in 2015 – 2016, it is recognised Enforcement Team had an introductory that there is an opportunity to further meeting with representatives of the Area develop the website to help customers Procurator Fiscal Office to establish initial of the Service and the general public links. A dedicated point of contact was have a better understanding of planning agreed within the Procurator Fiscal’s enforcement, its purpose, what it can and Office who would provide advice and cannot achieve, and the processes and guidance on potential cases being outcomes involved. This will expand on brought for prosecution and on reporting the guidance contained in the Planning processes. The meeting was very positive Enforcement Charter. with a collaborative approach being agreed to help the Planning Authority bring forward cases of non-compliance for effective prosecution. Further work and training will be required on reporting processes and this is planned for 2017 – 2018.
(Refer to Section 3a – Service Improvements 2017-18)
PLANNING PERFORMANCE FRAMEWORK 56 ENFORCEMENT CASE STUDY 1 – EVIDENCING SUCCESSFUL OUTCOMES THROUGH NEGOTIATION AND COLLABORATIVE WORKING
ENFORCEMENT CASE STUDY 2 – EVIDENCING SUCCESSFUL OUTCOMES THROUGH FORMAL HOUSING IN ABERDEENSHIRE SITE UNDER CONSTRUCTION ENFORCEMENT ACTION Breach – The Enforcement Team received Working with developers – early contact a complaint relating to a housing was made with developers to discuss the development proceeding without the breach and regular contact continued to Breach – the Enforcement Team became approved access being formed and an explore various mitigation schemes to involved in what had previously been unauthorised access being constructed. address road safety issues. a long running legal and planning An initial site visit identified that building dispute between neighbouring land works were well under way with all Outcome – Resolution of the breach uses relating to light glare caused by construction traffic being taken via a new was achieved between the agencies, unauthorised floodlights at a recreation formed access onto a narrow C classed the developers and the Enforcement grounds. Most recently a retrospective road. The planning permission granted Team working collaboratively to achieve planning permission had been granted for the 50 house development showed an outcome that was satisfactory to all in March 2016 for the erection of flood a new access onto the A90 trunk road, parties without recourse to the taking lights. One of the planning conditions albeit there were no specific conditions of formal enforcement action. The required the flood lights to be fitted with requiring the formation of the approved enforcement officer took the lead role louvres to limit the impact of glare on the access at the outset of the development. and was the central point of contact for surrounding area and that the louvres The formation of the temporary access communications between the parties. be fitted within 3 months of the date onto the C road did represent a breach of By identifying the issues that were of the approval. Informal attempts to planning control and one which the local underlying and causing the breach, seek compliance with the condition were Roads Authority and Transport Scotland with co-operation and a willingness to undertaken but had not proved successful raised significant road safety concerns. reach a solution, the parties were able and the breach continued unaddressed. The developers cited delays with to agree a way forward leading to the obtaining permits to form an opening breach being resolved. The works were onto the trunk road as the reason for the promptly undertaken over a 48hr period Effective Intervention – The case was temporary access. to construct the approved access and the referred to the Enforcement Team in use of the unauthorised access ceased. March 2017. Within 5 days of receipt Collaboration with other multiple of the complaint, the site was visited agencies – Close working with Transport and a Temporary Stop Notice issued to Scotland and their agents to explore cease the use of the flood lights. The mitigation schemes to address the road operators and interested parties were also safety issues onto the A90 and with the advised of the potential for a subsequent Council’s Roads Service relating to road Enforcement Notice should the breach safety interests on the local C road. continue. Within the following 6 days the louvres were fitted and inspected by a planning officer confirming that the condition had been complied with.
Outcome – this is a good example of effective planning enforcement in action where swift formal enforcement action was taken to resolve a breach of planning control where informal action had previously proven ineffective.
PLANNING PERFORMANCE FRAMEWORK 57 CHAPTER 2C – COMMUNICATIONS, ENGAGEMENT & CUSTOMER SERVICE
We continue to engage Engagement to support Community aspirations enabled partnership with with our customers, key a local village development trust in Laurencekirk, Planning Assist Scotland stakeholders and Elected and the Council’s Delivery Team and other Members in a variety of Council Services to conduct a Charrette that produced a masterplan for the area ways. and a community vision statement.
As part of the Local Development Creating conditions for certainty has Plan, core work was undertaken on been prevalent through developer/ the evaluation of the LDP engagement housebuilder engagement to enable, process – asking the question ‘How support and assist where possible the Was It for You?’ This satisfied a Service rapidly changing economic environment improvement commitment for the and resulting market conditions. Joint reporting period. working and liaison with key stakeholders has continued and increased to ensure Development Management customers best working practice. were given the opportunity to comment on their experiences of the Service An expansion of the project management through the regular Customer Survey. approach, out-with the Development Plan has looked at Development Management Work continued with the customer and their internal stakeholders with a through Customer Survey feedback and view to implementing a ‘One Council’ actions and ensuring satisfaction through approach. complaint management and monitoring.
DEVELOPMENT PLANNING
Chapter 2c - Development Planning
We continued to provide regular updates Findings from this exercise have been on Twitter throughout the year in relation very informative in highlighting what to the Local Development Plan and in innovations employed in the Local particular with regard to the ongoing Development Plan preparation process Examination. For example, regular tweets were successful, and which were were provided to advise of Information arguably less successful. Those where a Requests received from the Reporter. demonstrable success was noted will be retained and built upon to improve future The “How was it for you” project consultations. demonstrates best practice in evaluating all the stages of Plan preparation. During The Viewpoint report of the Citizens’ the period when the Reporters were Panel is found via the following link: auditing the Plan engagement took place with external customers and stakeholders http://www.ouraberdeenshire.org.uk/ on the processes that we had used to wp-content/uploads/2017/01/Viewpoint- inform the Local Development Plan 2017. 46-Report-Final.pdf
Similar processes took place with Elected Members and key stakeholders.
PLANNING PERFORMANCE FRAMEWORK 58 DEVELOPMENT MANAGEMENT ENGAGEMENT: CUSTOMER ENGAGEMENT SURVEY
Customer Focus - Customer Extract Development Management introduction of Skype for Business appear customer engagement survey: on the majority to be working well. Survey – 2016-17 Based upon customer feedback it is During the last year there has been a There has on the whole been noted that there remains scope for greater degree of cross team working improvements in areas identified as improvements to be undertaken in certain within the Development Management concerns by customers in the previous areas and it appears that customers are Teams in response to staffing issues Survey. The implementation and still experiencing some concerns with the within certain area teams. Focus remains monitoring of the Action Plans agreed by following: on the overall approach to cross team the Team Mangers and Senior Planners is working to ensure the delivery of a achieving positive results in terms of the • Availability of staff working between high quality Development Management level and quality of the service provided offices and ability to contact service to customers and this is regularly by the Development Management Teams. Planning staff monitored and reviewed by Team • Pre-application in terms of the quality Managers and Seniors. Marr of advice provided and timescales Kincardine & Mearns A specific area of concern highlighted by Garioch Q10: HOW SATISFIED WERE YOU WITH the customers relates to issues associated Formartine THE FOLLOWING: with ease of contact via telephones Buchan in certain area teams. In this regard, Banff & Buchan Availability of staff: the Council have/are in the process of rolling out Skype for Business to replace 2017: the existing IP phone system. This new Survey Outcomes: V Satisfied / F Satisfied - 83.6% communication system will further F Dissatisfied / V Dissatisfied- 3.6% assist communication and availability As part of the Service Committed of Planning Officers by making it easier Improvements for the reporting period, 2016: V Satisfied / F Satisfied- 88.8% F for customers to contact Planning staff the measurement of outputs and Dissatisfied / V Dissatisfied- 4.8% via a single contact number when they measurable targets for Customer Surveys are working between different locations. were applied. While improvements have Q11: HOW EASY WAS IT TO CONTACT The Skype for Business roll out will have been achieved in specific areas as noted THE PLANNING OFFICER DEALING been completed by the end of 2017. The below it is disappointing to note that WITH YOUR PLANNING APPLICATION: communication procedure and timescale the overall level of satisfaction while for response times to messages is remaining in the 80% satisfaction/very 2017: continually monitored and reviewed and satisfied bracket has dipped slightly V Easy / F Easy - 80.4% specific areas of concern are highlighted below the previous Aberdeenshire target F Difficult / V Difficult - 13.5% and discussed via one to ones and team of 88%. meetings. 2016: 2015 V Easy / F Easy - 93.8% Satisfied / Fairly Satisfied - 85% F Difficult - 6.1% Fairly / Very Dissatisfied - 8.5% While the Survey shows that the 2016 satisfaction level has reduced slightly, it Satisfied / Fairly Satisfied - 88.6% is noted that this has been offset by a Fairly / Very Dissatisfied - 4.8% reduction in the level of dissatisfaction.
2017 Chapter 2c - Development Management Engagement CustomerThe Survey overall level of satisfaction remains Satisfied / Fairly Satisfied- 82.3% positive and the measures implemented Fairly / Very Dissatisfied - 10.2% by the Planning Service in terms of
protocol for working in different offices, desk booking systems, communication methods and response timescales. The use of electronic calendars, the ability to transfer calls between offices, instant messaging and emails and the
PLANNING PERFORMANCE FRAMEWORK 59 CASE STUDY 14 - RESPONDING TO CUSTOMER COMMENTS/CONCERNS:
In terms of the action plans The lack of an explanation of why Q8: DID YOU SEEK PRE-APPLICATION an application is being refused was ADVICE PRIOR TO SUBMITTING YOUR agreed and implemented highlighted as a concern which was APPLICATION? following the previous identified as a measure requiring action. In response to this specific issue the 2017: Customer Survey a number Planning Service agreed and promoted Yes 63% No 34% standard practice for communication with of specific actions were customers and facilitated training for less 2016: identified based upon experienced staff via team meetings and Yes 51% No 49% one to ones to develop confidence and customer feedback. communication skills within the teams. The promotion of the pre-application service at both local and major levels by Q14 IF YOUR APPLICATION WAS the Development Management Service Action Plan REFUSED, HOW SATISFIED WERE YOU has resulted in an increase in uptake. WITH THE EXPLANATION OF THE The levels of pre-application advice and Advising applicants/agents prior to a DECISION? its effectiveness in terms of the quality decision if refusal and the explanation of of the advice and timescales remains the decision: 2017: an area which the Service acknowledge V Satisfied / F Satisfied 67% that improvements are required. The The majority of customer responses Fairly Dissatisfied 17% Service are in the process of reviewing to the Survey were associated with the pre-application process as part of applications granted rather than refused 2016: an Improvement project, this remains an and there were only on average 2-3 V Satisfied / F Satisfied 33% ongoing action that will be progressed applications in each team that were F Dissatisfied / V Dissatisfied 44% during the next year. refused. Promotion of pre-application advice and (Refer to Chapter 2b Certainty - Case ensure that responses are provided in a Study 12 – Pre-Application Review) consistent and timely manner:
throughout the application process; it was FEEDBACK/COMPLAINTS greatly appreciated”. “I would like to thank you and your staff member who responded to me in double 2016/17 2015/16 such but often requests for information/ quick time with my applications. It is progress/action. These can be as resource wonderful to be so well looked after and Complaints 73 109 intensive as some frontline complaints. my clients are delighted with this service. It showcases Aberdeenshire at its best”. “Thank you for all your help in dealing Service Requests 352 305 GOOD NEWS It is gratifying that customers take with this matter, we both must say that you have been most pleasant and Compliments 52 66 the time to respond with thanks or compliments regarding the service that approachable to deal with”. they have received. RESPONDED RESPONDED CUSTOMER EXCELLENCE RESPONSE TO WITHIN OUT WITH The Planning Service received fifty two 2017-18 will see Development Management TIMES 20 DAYS 20 DAYS emails / letters of compliments, from embark on gaining the Customer Service our customers, during the period of this Excellence standard. This will be included 2016/17 58 (79.5%) 15 (20.5%) Report. A selection of quotes from these as a Service Commitment for the next compliments are shown below. reporting period. 2015/16 85 (78%) 24 (22%) “I would like to say how impressed I Site visit technology to compliment WE DEAL WITH 2 CATEGORIES have been with your response and the the use of the Uniform system in OF COMPLAINTS/REQUESTS FOR help that we have received. Having Development Management (already INFORMATION: had experiences of dealing with various being rolled out to the Building Standards Authorities it has been a rewarding Service) will be similarly rolled out in the Frontline complaints – complaints pleasure to have received such help and next reporting period (i.e. use of tablets directly about the Service, its processes, prompt replies”. instead of paper plans on site). procedures, how it has handled an application for example. “Thank you to you and your colleagues (Refer to Part 3a Service Improvements Service Requests - are not complaints as for a very professional and helpful service 2017-2018)
PLANNING PERFORMANCE FRAMEWORK 60 CASE STUDY 15 - LAURENCEKIRK CHARRETTE – ENGAGING AND PROMOTING COMMUNITY ASPIRATIONS
Community Engagement The Charrette consisted of two PAS, after collating all of the feedback, community days focusing on different received from both the community and through the Charrette topics over the two days specifically the Council Services, produced three key future of the old Academy site, what can outcomes. These were: Process happen with the land to the north east of the old Academy site (south OP1 site) • A community led masterplan for the Charetteplus® and the community’s overall aspirations Old Academy site, Among the many activities for the year of Laurencekirk. As well as having the • A community led masterplan for the were a series of charrette projects. more detailed workshops there was also land to the north-east of the Old PAS's Charetteplus® approach provides a public exhibition held over the two days Academy site, and the crucial link between planning and for people to view the exhibition boards • A Community Vision Statement. community planning, allowing for earlier that had been produced by PAS. Work and more meaningful engagement in was also carried out with local primary Four main themes emerging through the placemaking. school children to gain their views. plans and vision statement of what the participants would like Laurencekirk to be Charetteplus® builds upon the traditional In order for the Charrette to go ahead were: charrette model of engagement, PAS and LDT involved the community, promoted and supported by the Scottish local stakeholders as well as the Council. • A vibrant and accessible High Street Government through its Charrette The role of the Delivery Team, along with • Strong links to surrounding Mainstreaming Programme. This involves other Council Services, was to guide the countryside promoting healthy intensive community engagement events project by highlighting any potential lifestyles which take place over a number of days. issues which would need to be addressed • Having a clear and strong identity, in order to ensure the objectives of the and Laurencekirk Charrette project were achievable. • An inclusive and intergenerational Laurencekirk Development Trust (LDT) community. secured funding to conduct a Charrette The main roles of the Delivery and Policy which helped the Development Trust Teams were to advise on the policies This project was a good example of the capture, and translate into plans the within the Local Development Plan as well community, a community group and community’s aspirations for their as National Policies. Due to the location Council Services working together to settlement. LDT appointed Planning of the site highlighting other material achieve a workable masterplan, which will Assist Scotland (PAS) to lead the project considerations and providing guidance and aid in the future development of the town. and produce a masterplan for the area advice, i.e. proximity to pipelines was also and a community vision statement. a fundamental role of both Planning Policy The project was in place to look at the and the Delivery Team. Another key role development opportunities on the old of the Delivery Team within the project was to provide information on the likely MearnsChapter Academy 2c Case siteStudy as Laurencekirkwell as the wider Charrette town. timescales of the delivery of the allocated sites and infrastructure within Laurencekirk Shaping Laurencekirk as this had implications for funding. LAURENCEKIRK MASTERPLAN
PLANNING PERFORMANCE FRAMEWORK 61
POSITIVE ENGAGEMENT – PROJECT MANAGEMENT APPROACH
Whilst a project managed approach is commonplace within the Development Plan preparation process, the same ethos is being applied to the Aberdeenshire Council Development Management process. Planning Officers are encouraged to be the project managers for each of their cases and each case should be treated as a project whereby they are responsible for co-ordination, communication, good organisation and engagement with the applicant and other relevant parties for each application, right through the process to determination and beyond where necessary.
CASE STUDY 16: POSITIVE ENGAGEMENT – GOOD OUTCOMES – SATISFIED CUSTOMERS
This development, while relating to an confusion which was greatly beneficial the information was therefore required. original 2012 planning application, has to us. Timescales were met and the The agent also required advice on only over the last year, been able to be Planner was extremely helpful in their the best way to address a condition progressed towards implementation. role to not only progress the application attached by the LRB which the applicant As a result the engagement processes within the timescales but also provided considered made the proposal potentially reflected below and the agent testimony significant contributions in relation to unviable (no development within 20m reflects the ongoing process that policy and process to allow us to achieve of a watercourse). Following a series continued through the current reporting our end goals of developing the site of discussions analysing all options, period. within the conditions of the associated involving discussions with both internal permission. Finally, we were in discussion and external consultees we were able in respect of the discharge of conditions to advise that the best way forward was Agent/Customer Testimony for both the new access and the principal to submit a Section 42 application to of Good Service/ application. This was met in the same remove the condition. We advised him of professional and friendly manner with the requirements of this application and Engagement all staff we dealt with. All condition the submission process and explained discharges were received in very good the purpose of a Section 42 decision “We were in touch with the Planning time resulting in the successful initiation notice. The application was dealt Authority regularly in relation to the of the development from our perspective. with efficiently along with a separate above site, initially this was due to NMV Overall the experience of our working application for a new access at the same requirements due to variations in turbine with the Local Authority on this site for time. Furthermore, conditions had to supply availability which were all met the above variation and applications was be discharged prior to commencement with patience and a positive attitude very positive and efficient.” and the expiry of the application was irrespective of the number of times the approaching. While this related to one goalposts changed at our end. Further John Moisey, Senior Environmental overall development there were several to this we were in discussions about the Planner, Muirden Energy applications and amendments to be removal of condition 5 relating to the considered at the same time, meaning drainage and watercourse detail. The that the Planning Service had to ensure advice offered was good and guided Background to the case we provided quick and consistent us to a Section 42 as the most suitable responses. Another issue similar to This customer testimony related to a course of action. Running in tandem with this has arisen with the same agent at three turbine development which was this process was the application for an a different site and he has sought our approved on appeal by the Local Review amended access. Again communication advice again based on the advice offered Body (LRB) after being recommended with the Planning Department, was previously. Links to the relevant planning for refusal. The agent approached always found to be helpful and friendly. applications are below. Communications for all persisted the Planning Service with regards to a proposed change in turbine model throughout the processes of each APP/2016/0093, APP/2016/0030, and and was advised to submit a Non- separate application and regardless of APP/2012/1121. the variety of communications that were Material Variation (NMV). Multiple NMV coming from the site as a whole were requests were submitted for this due always directed appropriately in relation to changes from the developer. Clear to the relevant application to avoid communication and management of
PLANNING PERFORMANCE FRAMEWORK 62 CREATING CONDITIONS FOR CERTAINTY
In response to the downturn in market Outcomes conditions in the north east a greater and more urgent need was recognised to engage and work with housebuilders and LISTENING AND REACTING developers and to respond to the issues Various approaches were made from being experienced and raised by these developers with regards to their groups. requirements in response to the changing market and economic downturn in HOUSEBUILDERS FORUM the north east. Many were looking to Two Housebuilders Forums were held recalibrate their sites in response to in the reporting period (June 2016 and changing demand in the housing market. January 2107). THE PLANNING SERVICE RESPONDED: SOME GENERAL ISSUES/CONCERNS • Encouraged pre application WERE RAISED: discussion • Created a process and Guidance to • Market conditions – requirement to assist both Planning Officers and recalibrate sites to best fit the new applicants. demand for smaller houses. • Adopted a project management • Planning/transportation engagement approach to co-ordinate a ‘One and communications Council’ approach to dealing with • RCC – late changes to RCC occurring these requests and subsequent in the process applications.
The general theme was how we deliver a successful ‘One Council’ approach. This aimed to ensure that all the relevant parts of the Council were communicating with each other towards achieving a common goal in planning and delivering development.
(Refer to Chapter 2c - Case Study 17 Conglass, Inverurie)
PLANNING APPROACH TO A ‘ONE COUNCIL’
The need for a ‘One Council’ approach has become more apparent in dealing with the implications of the economic changes within Aberdeenshire and a strong awareness that the Planning process is a catalyst with regards to retaining certainty and an ‘open for business’ approach to all types of development. Whilst not a new phenomenon, to enable good communication between all parts of the Council, the requests from developers to allow changes to housing numbers and amendments to already approved development, required an even greater assertiveness of approach and a willingness to think differently and ‘think out of the box’ when required. It also has allowed the Planning Service to take a greater project management approach to development management, with Planning Officers being better empowered to act as Project Managers and co-ordinate an approach to seek effective outcomes to allow developers to manage the current economic conditions.
The case study overleaf demonstrates this approach:
PLANNING PERFORMANCE FRAMEWORK 63 CASE STUDY 17 – CONGLASS, INVERURIE - SITE RECALIBRATION
CONGLASS – PROPOSED STREET SCENE
By way of context, due to changes in the inform the statutory public consultation “The standard of Service from local economy and impact this has had for a major development. The project was Aberdeenshire Planning Department on housing demand within the area, a refined through the PAC process and a continues to get better and better.” number of housebuilders approached the scheme submitted for approval in July Council to discuss scope for increasing 2016. The above demonstrates the planning the density on allocated sites. In response, approach to the corporate wide the Planning Service acknowledged The application submitted contained ‘One Council’ approach being promoted Proposed Residential Development the need to adopt a pragmatic and a range of supporting information on through ‘Working towardsKingsgait, One Conglass, Inverurie consistent approach to this issue the design principles, increase and Aberdeenshire’ approach.View of ThisEntrance Squareinvolves particularly with regard to the advice delivery of a higher number and earlier all employees being askedScale: theirNTS views Date: June 2016 provided at a Service wide level and phasing of affordable units and figures and sharing experiencesDwg as No: employees10260 PL(00) 030 the planning application determination concerning additional floorspace and of Aberdeenshire and ultimatelyCopyright of this drawing subsists in Halliday Fraser Munrohaving process to be followed. As such a Council bedroom numbers to give a full picture a shared understanding about what it strategy outlining the various issues of the nature of the increase. This means to work for Aberdeenshire Council. and considerations that required to be information was submitted in line with This is to help us all to work together taken into account when dealing with the key consideration and justification better within our communities and across planning applications under this remit identified within the Council protocol. The Services in the most helpful way possible. was agreed in conjunction with relevant submission of the information allowed the Use our combined experiences to build on consultees. This approach provided Planning Service to liaise with consultees our strengths as a council. housebuilders with a greater level of in a timeous manner and to confirm clarity on the parameters that all parties support for the proposal and progress in CHIEF EXECUTIVE JIM SAVEGE had to work within and ensured that the a short timescale towards determination. EXPLAINS: Planning Service were able to positively engage with housebuilders. Specifically The application attracted a very small “Doing the right thing isn’t included the approach adopted provided was number of representations and was within anyone’s job description but that’s clear on the key considerations and presented to the Garioch Area Committee what makes us great at serving our supporting information and justification in December 2016. At the meeting, the communities. This process will help us that housebuilders would be required to majority of Members welcomed the look at the best of what’s on offer and submit when engaging in pre-application change of house types and sizes and help others to achieve likewise in their and formal application discussions with the high degree of affordable housing towns and villages.” the Planning Service and consultees. being provided on site and commended the developer for their approach to the This particular site was allocated for site and response to the current market Outcomes: up to 27 dwelling-houses in the Local pressures. Development Plan 2012 and received PLANNING/TRANSPORTATION planning permission for 31 dwelling- Following issuing of the decision, the ENGAGEMENT AND RCC ISSUES An Agents’ Forum was arranged in houses in September 2014 The current developer has agreed a deal for early response to the perception that Planning request was to increase the density to delivery of the affordable housing on the /Transportation communication was a over 60 residential units. site with a Registered Social Landlord and prime cause of changes to RCC layouts has made a start on site with marketing late in the planning process. The Forum In line with the agreed Council wide underway. was largely Transportation led approach the Planning Service entered and dealt with the following: into pre-application discussions with the QUOTES FROM BANCON PLANNING housebuilder in relation to the layout and MANAGER: design, along with the level of information that would be required to justify such “Great to work through the process so a significant increase in density. This positively from start to finish.” resulted in a conceptual layout that could
PLANNING PERFORMANCE FRAMEWORK 64 JOINT WORKING AND ENGAGEMENT
CASE STUDY 18 - JOINT ROADS/AGENT/DEVELOPER ENGAGEMENT: AGENTS' FORUM MEETINGS.
A series of meetings has taken place in the reporting period Issue: Clarification required in relation to the level of detail which have looked in detail at the requirements of Designing required at the pre-app and PPP stages to accompany RCC Streets design and facilitated discussions with developers and submission . their agents on commonly encountered difficulties and how these can be addressed or avoided. The Forums’ discussions Action: Roads/Transportation note that advice is presently have considered the policy issues, planning and preparation, pre- contained within Designing Streets, as per presentation slides application discussions with the Council, working with guidance (extract below), however, Roads/Policy Sections will review and standards, common design issues, how to produce a good whether the RCC checklist can be split into pre and post Roads Construction Consent (RCC) submission, how to deal planning consent stages. with any required RCC changes and how to get roads adopted promptly on completion. Actions
Examples of commonly encountered difficulties such as speed The Council recognises that bespoke design sometimes management, efficient use of road space, when to use or requires non-standard details and has developed a process for omit footways, flood management, SUDS drainage details, developers to gain the necessary approvals for their use. This accommodating parking etc. were discussed. This led to can achieve a higher quality of design and in time widen the list potential solutions aimed at avoiding unnecessary complications of detailing options, drawing both on Council and developer in the design and any unnecessary expenditure. expertise and innovation. The Forum meetings explained the process and explored the advantages and disadvantages of One of the issues that was raised by the agents/developers working out-with normal standards. was the pre application process and some raised concerns at inconsistencies and what they perceived as inadequate outputs (Refer to Chapter 2a – Open for Business – Quality of to some pre application requests. Engagement – Continuation of Engagement at Chapelton.)
Actions that resulted: Presentation EXTRACT: Designing Issue: Timing to ensure that Roads/Transportation are involved at the pre-application stage prior to RCC submission Streets, Planning and consistency of advice offered between the local Roads Apps and RCC Development sections.
Action: Review of the pre-app process, format, participation, timescales, consistency and level of advice provided during the pre-app process to be undertaken by the Planning Service in Chapterconjunction 2c – Jointwith WorkingRoads Development/Policy an Engagement Sections to ensure that consistent and meaningful advice is provided in a timeous manner.
AGENT FORUM DISCUSSION
PLANNING PERFORMANCE FRAMEWORK 65 ELECTED MEMBER ENGAGEMENT
On-going engagement with Members and the Planning Service happens on a daily basis. The current Scheme of Delegation involves Members through a notification stage where Members become involved in the decision making process in certain circumstances. Through the Ward Pages * Members are encouraged to liaise with Officers if they have any queries about the planning process.
*Ward Pages: Ward Pages is an electronic communication tool specifically created for officer communication with elected members.
PLANNING & BUILDING STANDARDS MEMBER OFFICER WORK GROUP
The Planning and Building Standards Service (P&BS) has a Officers and Councillors appreciate the opportunity to discuss Member Officer Working Group (MOWG). MOWG, which meets various planning and building standards related matters at an as and when required, but generally 4-6 times a year, consists early stage and also in an informal manner. As MOWG generally of 8 Councillors (chaired by the Chair of Infrastructure Services contains Councillors from the Infrastructure Services Committee Committee) and Officers from the P&BS. The main purpose of and all 6 Aberdeenshire Administrative areas are represented the Working Group is to allow Members and Officers to discuss which means that when matters are before Members at relevant planning and Building Standards related matters in a Committees there has already been Member input and can also less formal manner and for Members to both provide a “steer” of help “smooth the way” for Member discussion and approval. how to progress with future Committee Reports and strategies Minutes of the meetings are kept. as well as giving informal thoughts and advice regarding such matters. Officers attending MOWG are normally the Head of Aberdeenshire Council has recently confirmed its intention to Service, relevant Service Managers and particular Officers who maintain MOWG and discussions have started with Members have prepared Reports or given oral presentations/updates. regarding the role of MOWG and how it can be used even more as a Steering Group and sounding board for the next Local During 2016/17 matters discussed included regular Local Development Plan as there was some criticism through the “How Development Plan updates and discussions regarding intended was it for you” project carried out by the Policy Team following courses of action as well as policy interpretation matters, the completion of the recently adopted Local Development Plan Planning Review, (Item 9) Scheme of Delegation, Committee that earlier Member engagement would have helped the Plan Site Visit protocol, North East Scotland Biological Records preparation process. Centre Strategy 2017-2020, Aberdeenshire Outdoor Access Strategy 2017-2020, Customer Services Excellence Award for MOWG is a very important, valuable and successful element of Building Standards, Local Development Plan Supplementary the Member engagement the Planning & Building Standards Guidance and the Planning Performance Framework. Service carries out and one that the Service is keen to continue and further utilise in the coming year.
Places, People and Planning – A
Consultation on the Future of the Scottish
INFRASTRUCTURE SERVICES COMMITTEE Planning System
PLANNING AND BUILDING STANDARDS MEMBER/OFFICER WORKING Following the above being reported to MOWG, the Consultation GROUP Report went to the Infrastructure Services Committee. At Members’ behest a further meeting was had between Planning WEDNESDAY, 25 JANUARY, 2017, at 2.00 P.M. Managers and the Chair, Vice Chair and opposition Member to
finalise the Council’s views on the consultation. Your attendance is requested at a meeting of the PLANNING AND BUILDING STANDARDS MEMBER/OFFICER WORKING GROUP to be held in CONFERENCE ROOM C, WOODHILL HOUSE, ABERDEEN, on WEDNESDAY, 25 JANUARY, 2017, at 2.00 P.M.
PLANNING PERFORMANCE FRAMEWORK 66 18 January , 2017 Director of Business Services
To: Councillors D R Aitchison, P J Argyle, J B Cox, M A Ford, F C P Hood, C H Nelson, E A Robertson and B H Stuart
Contact Person:- Kirsty Macleod Tel: 01467 536 418 Email:- [email protected]
COMMUNITY COUNCIL ENGAGEMENT
Further Community Council engagement took place in the Report period through Forums, one to one meetings and general correspondence through the planning process.
CASE STUDY 19 – COMMUNITY COUNCIL FORUM
• Implications/Liaisons • Use Material Considerations • What’s Not Material Considerations?
This also included a presentation on the e planning agenda Planning Session for Formartine by a Systems Development Officer who was at hand to Community Councils demonstrate the Planning Public Access System and the useful Wednesday 5th October 2016 tools available for the Community Councils to use. e.g. – How to access the system, track applications and set up weekly lists which will update automatically giving ‘real time’ information on applications.
Detailed guidance is available for the public to access. Mairi Stewart – Planning Manager Piers Blaxter – Policy Team Leader Darren Ross – Formartine & Buchan Team Manager Dave Clark – Principal Systems Development Officer
An evening Forum was held in one of the administrative areas of the Council. On this occasion it was in the Formartine area. There are 12 Community Council groups in this area and the Contents
Forums allow them to come Introduction together and meet Council User Details Officers, listen and participate Registration ...... 5 Community Councils Role as Consultees Log In ...... 7 in presentations on relevant My Profile ...... 8 Schedule 5 of the DM Regs States • The Planning Authority must before Searching topics and topics they wish determining an application for planning permission for development consult a person, authority or body Simple Search ...... 14 to highlight, whether to gain mentioned in the paragraph below in the circumstances specified in that Advanced Search ...... 15 para Weekly/Monthly Lists Search ...... 17 further knowledge, discuss (6) The Community Council where ― The Community Council, within 7 Property Search ...... 18 any particular issues or refresh working days, of the weekly list informs the Planning Service that it wishes to be consulted, or Map Search ...... 20 ― The development is likely to affect on particular aspects of the the amenity in the area of the Accessing Cases Directly ...... 27 Community Council Council Services. Search Results Saving A Search ...... 29 Record Details ...... 29 The presentation covered the various elements of the planning Tracking Applications ...... 36 process:
• Community Council Role • What is Planning? • Community Council Role • Community Council influence • What are Development Plans? To follow on from previous reporting years a refreshed • Development Management & the Planning Application Community Council focus will be added as a commitment to Process the next reporting year (2017-18). This is to continue a high • Community Council Role in the Development Plan Process level of engagement to all the Community Councils and given • Development Management & the Planning Application political changes within the Council, changes to personnel within Process the Community Councils and the likely changes through the • Community Council Role in the Development Plan Process Planning Review. • Community Council Role In Development Management • Role of Community Councils (Refer to Section 3a - Service Improvements 2017-18) • Community Councils Role as Consultees • Means of Communication
PLANNING PERFORMANCE FRAMEWORK 67 3 Thankfully many outcomes have been positive as repair, FLOODING ENGAGEMENT - renovation and refurbishment has taken place in many of the towns, villages and rural areas to enable residents to return to OUTCOMES/RESULTS their homes and businesses to get back up and running.
The following examples demonstrates the outcome of such work In 2015 into 2016 Storm Frank had a devastating impact on areas and in fact covers several of the performance categories giving of Aberdeenshire. The last Planning Performance Framework a good example of pre-application engagement, negotiation, reported on the collaborative work and engagement that took flexibility, and non-standard design where benefits for the place between the Planning Service, stakeholders and the applicant and for the historic environment all played a part in communities affected. the solution.
CASE STUDY 20: RESIDENTIAL AFTERMATH OF FLOODING EVENT – ENGAGEMENT AND NEGOTIATION TOWARD A PRAGMATIC ‘NON- STANDARD’ DESIGN OUTCOME- OSPREY COTTAGE, BALLATER
Full Planning Permission was sought for the erection of a EXISTING HOUSE replacement dwelling-house within the heart of Ballater Conservation Area following significant damage caused by the floods of December 2015, rendering the existing cottage uninhabitable and viably beyond repair.
Pre-application advice was sought relating to this proposal which initially sought a contemporary house of sizeable scale with extensive glazing and a generally office/art deco type appearance. The agent was offered a quick response which advised that the contemporary proposal was not considered to be appropriate in its context as it did not fit successfully enough with this part of the Conservation Area and its prominent setting adjacent to the River Dee. Following several pre-application RE-APP PROPOSAL discussions with Development Management and Environment Team planning staff a different design approach was submitted in the planning application.
The amended replacement house design was positioned largely on the footprint of the existing property and was 2¾ storeys in height, with the ground floor where flooding would cause most (With kind permission from Charles Smith Architect) impact, reserved for garage and storage space.
While this solution was of non-typical design, the rationale was (With kind permission from Charles Smith Architect) supported by the Planning Service as it offered protection of habitable living areas from future flooding. Balconies were proposed to provide emergency escape relief, including egress opportunities, during potential events. While the design approach in this respect was not commonly found in the Conservation Area, the Planning Service in consultation with SEPA, considered this to be a pragmatic design response to flood risk. Furthermore, following further negotiations small scale changes were made to adopt design cues, from the surroundings, including window detailing and material finishes, to allow the proposed house to sit comfortably in its historic setting. The finalised design developed significantly from the pre-application stage and resulted in a recommendation of approval to the Marr Area Committee. This recommendation was supported.
While the design was atypical, and did not entirely fit with policies relating to the historic environment, the Planning Service provided support as it merged, the competing elements FINAL APPROVED PROPOSAL of technical flood risk mitigation and the need for recognition of the historic setting, into a satisfactory solution for all. Flexibility and an understanding of the wider issues played a significant role in the handling of this case and contributed to negotiations over design. Supporting justification and pre-application engagement were fundamental to the decision making process.
PLANNING PERFORMANCE FRAMEWORK 68
Aberdeenshire Council Flooding Proforma CASE STUDY 21: THE (In response to 2015/2016 Flood Event only) Applicant Details: Inchmarnoch Estate Agent: Gerry Robb Architectural Design Services Title: c/o Forename: Peter FLOODING PRO-FORMA Surname: Henry
Contact Address: Gerry Robb Architectural Design Services Bridgeview road Aboyne SYSTEM: OUTCOMES Postcode: AB34 5HB Telephone: 013398 86359 E Mail: [email protected]
Location/Address /or Grid Reference of Proposed Works
Tassachd pool- Headinch and Cambus O'May Grid ref: NO426965
Brief Description of Proposed Works including Method Statement (where Here is further evidence of collaborative work, engagement, and applicable) (supplement with additional information if possible and where necessary) Replacement of existing hut @ same location. flexibility to deal with exceptional circumstances. As reported Previous hut details: Dates from 1990s? Walls of log construction with light stain finish in the last PPF (2015-16) a Pro-forma system was set up to Roof lined with Felt Glazed patio doors to North with windows on all elevations, finished to match logs Slightly raised of the ground on block piers enable immediate advice and action to be taken in respect of Small deck to North with balustrade Log burner installed Proposed hut details: Walls to be of log construction with dark stain finish re-building/repair works to address the various areas of flood Roof finish to be box profile sheeting, finished red (TBC) Timber frame windows and doors arranged as shown, finished with dark stain to match walls (TBC) damage. The system also allowed for rapid consultation with Hut sited on masonry foundation Log burner installed NB, footprint differs from previous hut as discussed during pre-app. Floor area is the relevant stakeholders/consultees and subsequent rapid same. Are the works considered: Repair/Maintenance ☐ decisions. Replacement ☒
Would the works be: Permanent ☒ Temporary * ☐
Flood Pro-forma and associated Decision Sheet FLOOD PRO-FORMA
CASE STUDY 21A - INCHLEY, DEE STREET, BALLATER
APP/2016/2127 (LBC) / APP/2016/2126 (FPP) EXISTING PLANS
A B-listed Property within the Ballater Conservation Area was significantly damaged during the floods of December 2015. A series of pre-application discussions were held at flood specific planning surgeries in February 2016 and site meetings attended by Historic Environment Scotland and Built Heritage Officers from the Environment Team were carried out promptly. Using the Council’s flooding Pro-forma system put in place to deal with planning enquiries for flood related proposals, a suitable and quick solution to repairing the damage was reached. The Pro- forma process allowed for some works, which would normally APPROVED DETAILED FLOOR PLANS require Listed Building Consent such as stripping of internal walls and flooring, to proceed immediately, prior to gaining consent. Following this, a part retrospective application was submitted to cover these previously agreed works but which also included further proposals. The benefit of the Pro-forma system was that emergency works could be carried out to prevent delays Existing Plans APPROVED DETAILED FLOOR PLANS and further damage. Successful engagement and collaborative Existing Plans working with relevant parties allowed for a smoother application process. The Pro-forma system also allowed the Planning Service to expedite the formal applications, providing quick decisions and advice which ultimately enabled repair works to commence quickly. From site observations the property has been repaired Approved detailed floor plans to a habitable standard and has been occupied again since spring 2017.
IMAGE SHOWING EXTENT OF FLOODS AND DAMAGE (FRONT GARDEN)
Image showing extent of floods and damage (front garden) PLANNING PERFORMANCE FRAMEWORK 69 CASE STUDY 21B - HELPING RURAL BUSINESSES UP AND RUNNING - FISHING HUT, TASSACHD, CAMBUS O’MAY
An existing fishing hut near Cambus O’May was destroyed by the December 2015 floods. A flooding Pro-forma was submitted for this seeking advice on whether planning permission was required for a replacement hut on the same footprint. The Pro-forma was introduced to enable a fast track system of advice to allow the Planning Service to agree works which are on a like for like basis. Through this process, which involved an immediate site visit and quick consultations with external consultees including Scottish Natural Heritage and Scottish Environment Protection Agency, the Planning Service concluded that no planning application was required as this was a replacement hut and any impacts would be minimal. Due to the Pro-forma system this enquiry was prioritised allowing the Planning Service to provide a decision in 13 days. The fishing hut was rebuilt quickly and opened for business. The photos below show the damage and the result. DAMAGE CAUSED BY FLOODS AND LITTLE Several Pro-formas were submitted for replacement fishing huts REMAINS OF THE FISHING HUT and other riparian works to river banks and tracks which have Photos showing damage caused by floods and little remains of the fishing hut. since been completed. Photos showing damage caused by floods and little remains of the fishing hut.
FISHING HUT BEFORE FLOODS NEW FISHING HUT ON SITE
Fishing Hut before floods
ABERDEENSHIRE BUILT HERITAGE ENGAGEMENT New fishing hut on site New fishing hut on site Conservation Area Reviews/designations: public engagement Doors Open Day – Took place in the central area of carried out in accordance as per agreed process at e.g. Aberdeenshire with a hub in Inverurie to encourage residents Buchanhaven, Old Deer, Inverallochy, Cairnbulg, Broadsea and and visitors to explore fascinating buildings and learn about the Kennethmont. heritage of the area. Preparations have already commenced for Doors Open Day 2017 (Refer to Chapter 1a - High Quality Development on the Ground – Aberdeenshire Local Access Forum – engagement with Conservation Area Reviews) representatives from different interest groups to inform decisions on access and encourage support for responsible access behaviours. Community engagement with local groups and residents in relation to options for the future of Tullich Kirk and carved symbol stones collection to inform decision making and bids for funding. Lead group identified and newsletter to be produced.
Engagement with Community Council and church representatives in relation to future options for Inverurie Pictish symbol stones to inform decision making.
ALOAF MEETING SITTYTON FARM
PLANNING PERFORMANCE FRAMEWORK 70
CHAPTER 3 - GOVERNANCE
CHAPTER 3A – EFFICIENT AND EFFECTIVE DECISION MAKING
Project management Legacy cases and the prevention of such remain an ongoing priority. With numbers principles continued greatly reduced the focus is on prevention through the Legacy Team being retained to facilitate the Local under a dedicated resource. Development Plan A major step forward in decision making preparation and Elected efficiency was the official roll out of the Member engagement Council’s new Scheme of Governance and the ‘standalone’ Planning Scheme which provided opportunity gives greater clarity and understanding of the governance behind decision making. for Members to express Strong collaboration and liaison continues their views on polices and with the relevant Services and Planning, always looking to improve on the decision allocations of the new LDP. making processes. Similarly external liaison continues in various formats.
Workload management is vital to maintain high standards of efficient and effective decision making along with relevant training of both Officers and Elected Members.
DEVELOPMENT PLANNING
Key to our Local Development Plan such as the Town Centre Heath Checks preparation performance has been 2015. A clear and transparent process the role of the Area Committees, with allows the views of Area Committees to each Area Committee being given the be accurately recorded for the policies as opportunity to consider and debate policy they apply in their area for reference to and allocations before they are presented the central Committees where, ultimately, to Infrastructure Services Committee and decisions are made. Not all the views of Full Council. A PRINCE II management the Area Committees were supported by style has been used. Infrastructure Services Committee, or by Full Council, but it allows the scope of the While this is a time consuming process, it debate held in these busy Committees is one that the Planning Policy Team have to be focused only on the contentious managed successfully. Both the Forestry issues. and Woodland Supplementary Guidance and the Special Landscape Areas Supplementary Guidance were subject to this process early in the 2016-2017 period, along with other policy advice produced
PLANNING PERFORMANCE FRAMEWORK 71 Legacy Team The Legacy Team, which was set up in March 2015, continues to focus on existing cases which have been pending for over one year with a view to concluding them as quickly as possible.
The table below shows how many legacy applications are outstanding as of the end of April 2017.
Legacy Team The Legacy Team2011 , which2012 was set up 2013in March 2015,2014 continues 2015 to focus on2016 existing casesTOTAL which have been pending for over one year with a view to concluding them as quickly as possible. No. of pending legacy 1 1 2 1 4 2 11 cases at 30th April 201The 7table below shows how many legacy applications are outstanding as of the end of April 2017.
The work undertaken by the legal team with support2011 from2012 the legacy2013 coordinator 2014 to push2015 forward with2016 TOTAL S75 agreements and complex land registry issues has been continuing over the last year. Regular No. of pending legacy meetings, improved communication between the legal1 and planning1 teams,2 and les1 sons learned4 have 2 11 increased the efficiencycases of at concluding 30th April 201 applications.7
The majority of legacyThe applications work undertaken since by the the beginning legal team of with October support 2016 from have the beenlegacy approved coordinator - 79% to push - forward with with only a few beingS75 refused agreements or withdrawn. and complex The land chart registry below issues shows has thatbeen the continuing majorit overy of thethe last year. Regular meetings, improved communication between the legal and planning teams, and lessons learned have applications approved during this time have been through the process of agreeing and registering a S75 increased the efficiency of concluding applications. agreement. Legacy Team The Legacy Team, which was set up in March 2015, continues to focus on existing cases which have been pending for over one year with a view to concluding them as quickly as possible. The majority of legacy applications since the beginning of October 2016 have been approved - 79% - The table below shows how many legacy applications are outstanding as of the end of April 2017. with only a few being refused or withdrawn. The chart below shows that the majority of the Legacy cases concluded 2011since 2012 Oct 20132016 2014 2015 2016 TOTAL applications approved during this time have been through the process of agreeing and registering a S75 DEVELOPMENT MANAGEMENT No. of pending legacy 1 1 2 1 4 2 11 agreement. cases at 30th April 2017
The work undertaken by the legal team with support from the legacy coordinator to push forward with S75 agreements and complex land registry issues has been continuing over the last year. Regular meetings, improved communication between the legal and planning teams, and lessons learned have Legacy Strategy increased theLegacy efficiency of concludingcases applications. concluded since Oct 2016 The majority of legacy applications The majority of legacy applications since the beginning of October 2016 have been approved - 79% - since the beginning ofwith October only a few being refused or withdrawn. The chart below shows that the majority of the applications approved during this time have been through the process of agreeing and registering a S75 2016 have been approvedagreement. (79%), Legacy Team with only a few being refused or withdrawn. The chart below Legacy cases concluded since Oct 2016 The Legacy Team, which was set up in March 2015, continues to shows that the majority of the focus on existing cases which have been pending for over one applications approved during this year with a view to concluding them as quickly as possible. with S75 agreement without S75 agreement time have been through the process of agreeing and registering a S75 The table below shows how many legacy applications are agreement. with S75 agreement without S75 agreement outstanding as of the end of April 2017. There is a key focus in the planning teams to minimise future applications becoming ‘legacy’. The graph with S75 agreement without S75 agreement below illustrates the increased use of processingThere is a key agreements focus in the planning teams which to minimise has future dramaticallyapplications becoming ‘legacy’. reduced The graph the 2011 2012 2013 2014 2015 2016 TOTAL below illustrates the increased use of processing agreements which has dramatically reduced the number of cases becomingThere legacy. is a key focus innumber the ofPlanning cases becoming Teams legacy. to minimise future No. of Thereapplications is a key focus becoming in the planning‘legacy’. teams The graph to minimise below illustrates future applications the becoming ‘legacy’. The graph pending increased use of processing agreementsUse which of processing has agreement dramatically in cases legacy 1 1 2 1 4 2 11 below illustrates the increased use of processing agreements which has dramatically reduced the reduced the number of cases becoming legacy.pending for over 1 year cases at 30 number of cases becoming legacy. 20 Use of processing agreement15 in cases April 2017 USE OF PROCESSING AGREEMENT CASES pending for over10 1 year PENDING FOR OVER5 1 YEAR The work undertaken by the Legal Team with support from the 20 0 Use of processing2011 2012 2013 agreement2014 2015 2016 in cases Legacy Co-ordinator to push forward with S75 Agreements and pending for over 1 year complex land registry issues has been continuing over the last 15 year. Regular meetings, improved communication between the 20 Legal and Planning Teams, and lessons learned have increased 10 the efficiency of concluding applications. 15 5 10 0 2011 20125 2013 2014 2015 2016
0 2011 2012 2013 2014 2015 2016
CASE STUDY 22A: CASE STUDY 22B: AN EXAMPLE OF NON-PAYMENT LEGACY OF FEES CAUSING PREVENTION LEGACY CASES
Two applications which were validated on Non-payment of advert fees has the 23 September 2015 were considered been identified as a cause for delay in within an appropriate timescale by the concluding a small number of cases Case Officer. The applications were to across the Aberdeenshire Council area. be refused but have remained pending The Legacy Team and the Legal Team due to non-payment of advert fees. have worked together to produce a The Case Officer for these applications protocol for dealing with these situations correctly applied the use of stop the clock and, having now dealt with a few of these during November 2015 whilst waiting for cases, are able to identify the potential for payment to be received, thus preventing delay and act quicker in order to prevent them from becoming legacy cases. legacy cases from arising. Repeated attempts have been made to contact the applicant and legal action is now being pursued in order to conclude these cases.
PLANNING PERFORMANCE FRAMEWORK 72 LIAISONS AND PROTOCOLS
Planning & Legal Governance
The regular programme of liaison meetings to facilitate joint working between the Planning Service and the Governance Team within the Legal and Governance Service continued. In 2016/17 this resulted in the following:-
• Producing a stand-alone Planning Scheme of Delegation as part of the Council’s Governance Framework Review. This has been rolled out as part of the new Scheme of Governance.
• Introducing an amendment to the Council’s List of Delegated Powers to Officers to refuse planning applications where planning obligations are not concluded within defined timescales, and obtaining approval from Scottish Ministers.
• Agreeing a new template letter for pursuing non-payment of advertising fees.
• Delivering further training to Elected Members and Council Officers on the new Planning Pre-Application Process.
• Agreeing a protocol for consultation responses from the Developer Obligations Team in respect of planning applications.
NEW SCHEME OF GOVERNANCE
The Council follow clear procedures to ensure that all decisions are lawful, accessible and transparent. These procedures are contained within the Scheme of Governance which is effective from 27 January 2017. (Roll out of new Scheme of Governance)
The Planning Service, working with colleagues from Legal & Governance, has now implemented a standalone List of Planning Delegations as part of the Council’s wider review of its Scheme of Governance. This document sets out how planning applications and local development matters are dealt with by the Council; lists all delegations relating to the determination of planning applications including those powers reserved to Full Council; and also contains guidance on objections, material considerations and appeals. The purpose of the List of Planning Delegations was to produce a user friendly version of the Scheme of Delegation pertaining to Planning which could be better understood by Officers and the public alike.
PLANNING PERFORMANCE FRAMEWORK 73
SCHEME OF GOVERNANCE PART 2C - PLANNING DELEGATIONS
An example of the ‘easy read’ information was the ‘Decision making flowchart (page 145)’, which clearly sets out the route of decision making in all areas.
CASE STUDY 23A - REPORT TEMPLATE REVIEW
An associated review of all Committee with regards to the required governance Report templates was carried out information, from the list of Committee corporately in response to the new powers and planning powers in the Scheme of Governance. The main aim was Scheme of Delegation. to ensure that Officers should be aware of the powers they have under the Scheme Planning template of Delegation and be explicit about which power is being exercised when All Committee Report Templates have undertaking duties. now been updated to include the relevant governance information and updated As such where a Report now comes to guidance has been produced on how to Committee, the relevant power of the use the template. For example (Planning Committee (from the List of Committee Committee Reports) includes various Powers) to receive that Report should be drop down options to ensure the correct contained within the Report. reference is made to the relevant part of the Scheme of Governance that informs Planning Reports required a different both the author, the recipient of the approach as planning templates differ, Report and the public as to exactly why a given the nature of reporting required planning application is required to go to to Committees. A Team Manager Group Committee. reviewed the planning templates, in liaison with colleagues from Legal, to Guidance ensure consistency, clarity and relevance
PLANNING PERFORMANCE FRAMEWORK 74 GOOD PRACTICE - GUIDANCE ON WHAT IS CONSIDERED A SIGNIFICANT DEPARTURE (Please refer to page 151 in the linked document)
As part of creating the stand alone but not all. Decision makers must weigh Development Management – Planning each consideration and decide whether Delegations document, the opportunity material considerations are enough to was taken to clarify areas where outweigh the policy. difficulties had occurred in defining certain aspects of the decision-making Some proposed developments would be process. One such issue was ‘what significantly contrary to the Local constitutes a ‘significant departure’? The Development Plan, irrespective of the route of decision making is dependent on application’s place in the hierarchy of whether a departure is significant or not development. Officers cannot determine and often the definition of this caused applications that are significantly contrary issues both for Officers and the public. to the Plan and need to go to Full Council or Infrastructure Services Committee as All decisions made by Aberdeenshire appropriate. Council are made in accordance with the Local Development Plan unless there It is not possible to give a definition for a are material planning considerations significant departure. Each application has which outweigh the policy and are to be considered on its own merits and persuasive enough to justify a departure so “significance” must be relevant to that from policy. Each planning application application when weighed against the has to be carefully considered against relevant policies. the policies and material considerations before the application can be determined. (Extract from - Scheme of Governance A proposed development may “tick all Part 2C - Planning Delegations - 27 the boxes” in relation to most policies January 2017)
GOVERNANCE CHAMPIONS CASE STUDY 23C – GOVERNANCE CHAMPIONS
CASE STUDY 23B – NEW SCHEME OF
GOVERNANCE – ENGAGEMENT, AWARENESS The Planning Governance Champion was the Development Management Service AND TRAINING Manager. It is the Champion’s role to deliver training to colleagues to enable an understanding of the Scheme of The Governance Champion for the Feedback on the Scheme of Governance Governance, and an understanding on Planning Service is responsible for collaborative and inclusive approach: what, as Officers, they are empowered to ensuring that all Officers are fully aware do. A training session with the Planning of the new Scheme of Governance “The engagement with the Service Management Teams was carried out and and how to use it on a daily basis. The relating to the planning delegations this was cascaded to Managers and Team Governance Champion formed part of document was excellent. Fortnightly Managers to similarly train their teams. the Project Team – Future Governance meetings were held, advice was clear, One of the Area Team Managers was Officers’ Group that was set up to input precise and there was a true feeling of co-opted on to the project team to lead and formulate the new Scheme of working together to ensure that the on the Part 2C of the Scheme relating to Governance. Each part of the Scheme document is fit for purpose. The workshop Development Management. of Governance was divided up and each engaged all Members and robust debate Officer Group allocated to a particular informed the final document. The new Monitoring and review of the Scheme will aspect of the Scheme. style document is a great improvement continue with the relevant Champion and on what existed before. Officers, Elected Team Manager being the point of contact ‘As the Governance Service Champion for Members and the public will all benefit for the Planning Service. Planning you have been involved with and from the work that the Team did.” witnessed first-hand the enormous project (Head of Planning & Building Standards) S of G Training - Training Notes and that has been ‘Future Governance’. Power Point
PLANNING PERFORMANCE FRAMEWORK 75 EFFICIENT AND EFFECTIVE DECISION MAKING BY ABERDEENSHIRE COUNCIL’S LOCAL REVIEW BODY (LRB)
CASE STUDY 24 - ABERDEENSHIRE COUNCIL – IMPROVING OUTCOMES - LOCAL REVIEW BODY
The number of submissions presented to the Local Review Body seeking additional information and a site inspection and LRBs (LRB) for the period April 2016 to March 2017 was 43 in total 345, 353 and 354 were due to seeking additional information and of those cases 39 have been determined, and the Review which had to be the subject of consultation with all parties Decision Notices have been issued to the applicant/agent. Of before that information could be presented to the LRB at a the 39 Review Decision Notices issued by March 2017 89% met reconvened meeting. the Scottish Government performance target of 122 days which shows an improved performance from the previous year which The Local Review Body has undertaken 6 site inspections (with was 86%. Of the 4 outstanding cases where Decision Notices 3 of these being at one site) during 2016/17 which is a significant were not issued within the period, 3 of those related to cases reduction from the previous year when 14 site inspections were where the Planning Adviser sought advice from consultees on carried out. This has reduced the time allocated to the work of drafting planning conditions (these Notices have now been the Local Review Body for Members and Officers and has helped issued) and one is scheduled to be presented to the LRB to reduce delays. The reduction in site visits can be attributed meeting in June 2017. to the significant reduction in Wind Turbine applications and to the introduction of new IT smart screens within meeting rooms 2013/14 2014/15 2015/2016 2016/17 which has enabled Local Review Body members to view better Received 52 61 53 43 quality photo-montages of the application sites and surrounding Decision areas. This has assisted them in determining applications rather Notices 49 60 53 39 than deferring applications for site visits. Issued The average number of days between the meeting and the site Average 143 121 93 103 visit for each of the six cases was 21 days which is a significant Days improvement from the previous year 2015/16 which took an Under 122 average of 40 days, and from 2014/2015 which took 53 days. 19 39 46 35 days % under 122 MEETING 38% 65% 86% 89% SITE VISIT NO DAYS days DATE LRB 333 25/05/2016 17/06/2016 23 The average time taken to determine the 39 cases where Review Decision Notices have been issued was 103 days. Seven LRB 336 29/07/2016 26/08/2016 28 of those Reviews took more than the 103 average days to LRB 359 25/11/2016 16/12/2016 21 determine due to the LRB following further procedure by way LRB 366 31/03/2017 19/04/2017 19 of seeking additional information from consultees or external LRB 367 31/03/2017 19/04/2017 19 parties or, where a Notice of Intention had been issued which sought confirmation from the applicant/agent that Developer LRB 368 31/03/2017 19/04/2017 19 Obligations contributions had been paid, prior to the Review Average No 21.5 Total 129 Decision Notice being issued. Four of those cases missed the Scottish Government 122 day target, however, this again was The Local Review Body undertook a review of its operation during attributed to the LRB following further procedure to consult 2016/17, and considered how other Scottish Local Authorities parties on additional information received, all of which was out- administer their Local Review Body to see if best practice could with the control of the LRB. be adopted. It was concluded that the current practice in Aberdeenshire replicated that of other Scottish Local Authorities, REVIEWS DETERMINED APRIL 2016 - MARCH 2017 however, it was agreed that the LRB membership should change following the Local Government elections in 2017. This change would allow each Area Committee (6 in total) to nominate 1 substantive member and 1 substitute with a view to ensuring the substitute members become more involved in the work of the Local Review Body and that the workload is shared between all members to ensure a consistent approach to decision making.
Post PPF Reporting Period: A new Local Review Body has now been appointed and any outstanding cases will be presented to a new Local Review Body at its first meeting in June 2017 following training sessions which The table above shows four cases which exceeded the 122 will include training on the newly adopted Aberdeenshire Local determination period. LRB 336 was due to a combination of Development Plan, 2017.
PLANNING PERFORMANCE FRAMEWORK 76 TRANSPORTATION/ROADS & PLANNING
Protocols/Liaison Groups. Joint Review of RCC Checklist Planning/ Roads Service The Council’s Planning and Roads Teams regularly meet to review the integration As per the agreed commitment following of working practices and so ensure liaison with developers and agents the effective, efficient and consistent handling Services have undertaken a review of the of planning applications. During the last checklist. The Roads Service have since year this has focussed on the Designing reached agreement on the format of a Streets national planning policy and RCC checklist which will be rolled out resulted in a series of meetings with to developers to assist them with future developers, agents and consulting RCC submissions. At this stage the Roads engineers to share best practice and Service are trialling an internal checklist address any difficulties arising from the guide (based upon the principles of policy. These workshops are described the Street Engineering Review (SER))/ in further detail in Chapter 2C and Case QA checklist when commenting on the Study 18 above. A key consideration has roads elements of planning applications. been that the Council’s Engineers should This approach is being applied to secure play a key role in the master planning consistency in terms of the level of information requested by the Services of new developments from early in the PPFand Part 4A will Service be Improvements monitored (Page 95) and reviewed at life of the projects. This means that the Development Management: Efficient and Effective Decision Making a future Development Management/ streetscape can be designed out in a Joint Review of RCC Checklist Planning/Roads Service Transportation liaison meeting. way which considers the safety and As per the agreed commitment following liaison with developers and agents the Services have undertaken a review of the checklist. The Roads Service have since reached agreement the practical considerations of how on the format of a RCC checklist which will be rolled out to developers to assist them with future(Refer RCC submissions. to PPF At this stage2015-2016 the Roads Service arePart trialling 4A an internal Service checklist the street will be used and maintained. guide (based upon the principles of the Street Engineering Review (SER)/QA checklist when commentingImprovements on the roads elements (Page of planning applications.95)) This approach is being applied Strenuous efforts are being made by to secure consistency in terms of the level of information requested by the Services and will be monitored and reviewed at a future Development Management/Transportation liaison both Planning and Roads Teams to meeting. encourage developers to allow this early engagement with their designers.
(Refer to Pre application in action – Negotiation and Discussion in Chapter 2a – Open for Business)
CASE STUDY 25 – PLANNING/ CASE STUDY 25A - PLANNING ENVIRONMENTAL HEALTH/ - ENVIRONMENTAL HEALTH: WASTE/FLOOD PREVENTION REVIEW OF PROTOCOL ENGAGEMENT Following the roll out of the Development Management/ Environmental Health (DM/EH) protocol in March 2016 work has Case Study 25 collectively refers to the cross service continued to monitor and review the success of this. Version 2 is engagement work that has been on-going between the Planning now in use following revisions and further work on the complaint Service and Environmental Health, Waste and Flood Prevention. management arrangements. The following associated Case Studies 25a, 25b and 25c cover the different elements of engagement and protocol creation. This protocol, internal training and further monitoring has resulted in improvements being achieved with an improvement from 50% (year 15/16) to 61.5% (year 16/17) of all applications having a consultation conclusion reached within the agreed period. Work continues in this regard and further inter-Service liaison continues.
Version 2 Protocol
PLANNING PERFORMANCE FRAMEWORK 77 PLANNING 25B – PLANNING PLANNING CASE STUDY 25C – – ENVIRONMENTAL HEALTH WASTE & FLOOD PREVENTION COMPLAINTS PROTOCOL LIAISON & PROTOCOL
It has long been recognised that how Development Management Recognising that Waste Management response rates had room and Environmental Health react and interact in terms of to improve, from 24% of all consultations responded to within complaints was inconsistent. In this regard a small project 14 days in calendar year 2015 to 66% of applications responded team, under the guidance of a Senior Continuous Improvement to in 14 days in calendar year 2016, management across both Officer, was established to de-construct the various practices Services developed a protocol setting out criteria for pre- which existed and to redesign with the focus being on ensuring application engagement, responding to planning consultations efficient use of resources and also delivering effective (where and also the level of application the service wish to be consulted possible) resolution to complaints in as timeous a manner as on. Work continues and in the coming months further reviewing possible. of the protocol will take place.
The key improvements identified are: Protocol
• Early signposting of which Service (Planning or Flooding is a highly relevant issue following the aftermath of Environmental Health) will lead on the complaint whereas “Storm Frank” in January 2016. This has heightened awareness of historically this has been ad hoc and inconsistent across the flooding issues and partly as a consequence of this Development Council Management and Flood Prevention and Coastal Protection • Timescales set out for each component part of the process (FPCP) have worked on an inter-Service protocol. This protocol • A separate and distinct line of communication for covers areas such as when the FPCP team wish to be consulted responding to the applicant and the complainant. For and their remit relative to SEPA. In the interests of improving instance specialist EH Officers will lead on detailed technical performance and making efficiencies agreed parameters have information and Planning will lead on responding and been agreed in the areas of consultation, response rate targets communicating with the complainant. and complaint management. It is hoped that in future we will be • Managing expectations of all parties involved. able to demonstrate a clear improvement in this regard.
Protocol Protocol
CAIRNGORM NATIONAL PARK AUTHORITY (CNPA) ENGAGEMENT/JOINT WORKING
The CNPA Process was reviewed and For applications which are not “called in” Aberdeenshire Council Planning Officers determine the application using the delegated refreshed to firstly form part of the powers outlined above or make a recommendation to the local Council’s new Scheme of Governance and Area Committee. also the Best Practice Manual There is a Planning Service Protocol in place between the Cairngorms National Park Authority and the 5 Local Authorities, including Aberdeenshire Council, which is regularly reviewed. Joint Aberdeenshire/CNPA process Liaison continues between the Planning Service and the CNPA. The annual Protocol meeting took place in January 2017 to Planning applications in the Cairngorms National Park are review the adopted CNPA/Councils Protocol. decided by either the relevant Local Authority, in this case Aberdeenshire Council, or by the Cairngorms National Park Agenda Authority (CNPA). CNPA “calls in” and determines larger applications within the Park which raise a planning issue of general significance to the National Park aims. The call-in occurs CNPA Liaison and Engagement within three weeks of receipt of notification from the Local Authority of a planning application. Following preparation of the new Aberdeenshire Forestry and Woodland Strategy, there has been liaison with the If an application is “called in” CNPA Officers assess the proposal Cairngorms National Park Authority as they begin to prepare against the Cairngorms National Park Local Development Plan strategies in relation to woodland and forestry. Lessons learned and make recommendations to the CNPA Planning Committee and approaches taken have been passed on, so as to aid their who make the final decision on the application. process and promote consistency across the region.
PLANNING PERFORMANCE FRAMEWORK 78 SNH and SEPA
Collaboration continues in various ways with SNH; in addition to the annual liaison meeting held this year, Council Ecologists met with the SNH Licensing Team and Bat Surveyors.
SEPA liaison continues through Northeast Local Advisory Group (flood risk management) and also through the river basin planning process in identifying Council assets considered a barrier to fish passage and priorities for removal. Aberdeenshire Council is leading on the co-ordination of a LEADER funding bid for a wider co-operation project on the control of invasive species; both SNH and SEPA are partners NORTH EAST OF SCOTLAND BIODIVERSITY on this, along with other organisations – including the Dee PARTNERSHIP ANNUAL SEMINAR Catchment Partnership and various River Trusts.
ENVIRONMENT NATURAL PLANNING HERITAGE - MAKING EFFICIENT & PROCESSES MORE EFFECTIVE EFFICIENT DECISION MAKING
European Protected
• Review of Tree Preservation Species – Process Refresh Orders (TPOs): continuing to work with colleagues in Legal Best practice continues to be applied Services to review a total of 140 as Aberdeenshire Council retains its TPOs. The Review process is now reputation of adhering to legislation in its third phase, having agreed 12 regarding bats and ensuring their revocations and re-served 36 TPOs. protection from development. As part of Aberdeenshire is one of the first the Best Practice Manual, the European Council’s in Scotland to undertake Protected Species (EPS) process has a comprehensive Review of TPOs. been reviewed and refreshed in liaison Other Authorities are keen to with the Planning Environment Team. learn from our experience and our The aim was to make what is an already approach and lessons learned have complex process more streamlined been shared at national professional and efficient and allow Officers a full group level. understanding of the process and how to • Conservation Area Reviews: as apply it consistently and efficiently. This described under Quality of Outcomes will now form part of the Best Practice (Chapter 1a) Manual. • Continued review of Council Owned and Managed Assets (see Chapter 1b: High Quality Development on the Ground). • Continued review of Council Owned and Managed Paths (see Chapter 4 Continuous Improvement).
PLANNING PERFORMANCE FRAMEWORK 79 Average Caseload per Planner Current No. Planners 35 32 32 2012-13 2013-14 2014-15 2015-16 2016-17 No. Pending (End) 1028 943 761 619 667 Average per Planner 29 27 22 19 21 EFFECTIVE WORKLOAD DISTRIBUTION Average Caseload per Planner
The average workload per Case Officer has slightly increased 35 to an average of 21 per Officer. This is just on the cusp of the 30 recognised ‘ideal’ target of between 20-30 cases per Officer. 25 Again this is a reflection of the economic conditions impacting 20 upon the north east area. Being an average workload this does 15 not necessarily reflect the actual case-load of any one Officer at 10 any one time across the Area Teams nor the variations in staff 5 turnover that have occurred throughout the reporting period. 0 Again the flexibility of the Uniform system has proven extremely 2012-13 2013-14 2014-15 2015-16 2016-17 beneficial in ensuring case-load work can be distributed to Average Caseload per Planning - 2016/17 where the greatest pressures occur, both in terms of application numbers, type and staff resources. Nor is there a reflection of 30 other work that Officers have been undertaking in terms of 25 project initiatives, reviewing of processes andAverage Caseload per Planner - 2016-17 procedures and 20 pre application work. Month No.Pending (end)15 Average Cases April 10693 22 Average Caseload per Planning From the latter part of the reporting year both application 5 May 705 22 30 numbers and fees have increased. 0 June 770 24 25 July 795 25 20 AVERAGE CASELOAD PER PLANNER - 2016-17 15 August 739 23 10 September 668 21 Current No. MONTH NO.PENDING (END) 5 AVERAGE CASES 35 32 32 October 622 19 0 Planners April 693 22 November 595 19 2012-13 2013-14 2014-15 2015-16 2016-17 May 705 22 No. Pending December 592 19 1028 943 761 619 667 June 770 24 (End) January 603 19 July 795 25 Average per February 612 19 29 27 22 19 21 August 739 23 Planner March 667 21 September 668 21 October 622 19 November 595 19 December 592 19 PERFORMANCE - January 603 19 February 612 19 FLEXIBLE RESOURCES March 667 21
Again, through the reporting year the use of electronic work streaming has been invaluable to continue effective and efficient decision making. This was particularly relevant throughout CASE STUDY 26 – BEING specific periods of the reporting year where several Planner vacancies proved challenging. FLEXIBLE FOR PERFORMANCE
The three Development Management Team Managers monitor In terms of monitoring the Case Officers progress with the workload and output. For a period in 2016/17 the Buchan and Buchan and Formartine applications, the use of Skype for Formartine Team, which are based in Peterhead and Ellon, Business software allowed Senior Planners to liaise with the underwent substantial staff changes. These changes had a direct Planning Officers while working from different bases thus saving influence on the ability to effectively cover new cases. time by allowing the Planner to discuss challenging issues with the Senior without having to travel long distances for a meeting. In order to retain performance and keep case-loads manageable The Senior and Planner have been able to exchange views and for the Officers remaining in the team during this transitional discuss solutions in face to face Skype conversations while also period, a number of applications were allocated to Kincardine visually sharing files. The combination of this technology, staff & Mearns/Marr Team based in Stonehaven. The Officers awareness and willingness to utilise the resources available to tasked with these applications happened to have had previous them means that performance is maintained and applications experience of the Buchan and Formartine Area and had reach the correct outcome efficiently. previously developed working relationships with agents within the area.
PLANNING PERFORMANCE FRAMEWORK 80 CHAPTER 3B – EFFECTIVE MANAGEMENT STRUCTURES
Work has continued to ensure that our elements of the Planning Service (Policy, Delivery/Information & Research and Strategic Delivery) are based at the Council’s management structures are fit for purpose, Headquarters. The Enforcement Team are all based in Inverurie. The embracing of Worksmart by the Planning Service is now from the way we operate across the accepted practice and all the teams utilise the opportunities that geographical spread of the area offices and allow flexibility in working practices and patterns that wholly meet the needs of our business. Part of the success of flexible how we ensure structures are best placed working is retaining strong lines of communication between all and formed to serve our customers and levels of the Service. deliver quality service. A variety of projects and initiatives have continued aiming to improve process and procedures and consistency in practice. The reporting year has brought further focus on recruitment and the ability to attract planning staff to the area. The (Refer to Chapter 3a - Efficient and Effective Decision Making Development Management Teams continue to be based in 5 area - Improvement Project and Initiative Strategy (Table) and Case offices, along with Environment Planning colleagues. The other Study 26 - Being Flexible for Performance)
CASE STUDY 27 - RECRUITMENT IN ABERDEENSHIRE COUNCIL
Chapter 3b – Case Study Recruitment
http://jobs.aberdeenshire.gov.uk/the-planning-service/
Whilst staff numbers have been relatively Currently the vacancies have come down stable over the last few years, the to 3 fixed term posts and various new reporting period brought a period of Planning Officers are now in post. staffing variation, change and uncertainty. At one point in the reporting period We are looking for Planners to join our there were eleven planning vacancies. Team: Obviously cognisance was given to budget constraints, but also maintaining Planning Officers performance. Both recent and previous The area based Development experience had proven difficult in Management Teams of the Planning attracting Planners to the north east, Service, of which there are three covering particularly to the more northern areas. Banff & Buchan/Garioch, Buchan/
Through liaison with Recruitment and Formartine, and Kincardine & Mearns/
HR colleagues work was done in trying Marr (Administrative Map) are responsible
to recruit in different ways. Contact for dealing with all statutory functions was made with relevant Universities and in relation to development proposals also the format and content of the initial submitted to the Council for planning advert was considered and enhanced. permission. As one of the busiest Planning
Micro sites were developed for each of Authorities in Scotland, the Teams are the areas in Aberdeenshire where the performance driven in terms of efficiency area planning offices are based. These in process and decision making, provision were to effectively ‘sell’ the areas to of customer care, and delivery of quality prospective candidates to better inform sustainable development. what was available and why a move to Aberdeenshire to work and live was of Microsite benefit.
All aspects of flexible working and Worksmart were also highlighted.
PLANNING PERFORMANCE FRAMEWORK 81 OPPORTUNITIES FOR PLANNERS
The following testimonial is from a relevantly recently recruited Planning I initially joined Aberdeenshire Council More recently I have joined the Strategic Officer and demonstrates the as a Planner within the Development Development Delivery Team within the opportunities available to Planning Management Team for Buchan & Council. In my new post, the workload Officers within Aberdeenshire in terms of Formartine in April 2015, having is varied and in addition to processing gaining experience, being given a wide graduated from the University of strategic / national applications, includes range of interesting work and the ability Aberdeen with a degree in Geography and project work such as reviewing the to widen their experience within other Spatial Planning. Working within a small Design Panel process within the Council. areas and teams within the planning but busy Development Management office Without doubt, I would not have had service. This testimonial will form part of provided me with ample opportunities to the confidence, knowledge or skills to an expanded recruitment drive to attract develop my skill set and knowledge base. push myself to join this team without my Planning Officers to the area. The work was varied, ranging from house earlier experience within the Buchan & extensions and agricultural notifications Formartine Area Team and the overall to multi house developments and energy supportive environment within the proposals. The team were key in guiding Service. While the work continues to James Hewitt me through the challenges any new be challenging, my experience with the Planning Officer Planner faces, and overall the experience Council has taught me – the bigger the gave me a solid understanding and base challenge, the larger the opportunity. from which to continue to grow.
CASE STUDY 28 – SHARING PRACTICES – PROVIDING A SERVICE
The Archaeology Service continues to provide specialist archaeological advice and assistance to Moray and Angus Councils through Service Level Agreements and a Shared Service Agreement with Aberdeen City Council. To support the various Planning functions annual training sessions are held with staff to ensure an understanding of policy changes, Condition wording, and how the teams work together during the process of managing archaeological mitigation works as an application progresses. For Aberdeen City Council trial on-site learning opportunities have been introduced for planning staff which consider design options for progressing development on sites involving archaeology. The approach taken by the team ensures consistent archaeological advice is provided across the north east of Scotland over four Councils, to the developer industry, and indeed to all landowners at a pre-application stage.
The Archaeology Service maintains the Sites and Monuments Record, more commonly referred to as the SMR, for Aberdeenshire, Angus and Moray Councils. KINNAIRD HEAD CASTLE Access the Aberdeenshire, Angus or Moray online summary SMR databases
Some projects by the Archaeology Service:
• Masons’ Marks Project • Aberdeenshire Historic Kirkyards • Buildings of Aberdeenshire: A Celebration • Kinnaird Head Castle
PLANNING PERFORMANCE FRAMEWORK 82
Effective Management FORUM FREQUENCY OUTCOMES Structures rely on Corporate messages ‘One Council’ – priorities good engagement and and outcomes Chief Executive Cross-service Twice yearly communication. Leadership Days collaboration Leadership actions A suite of regular communications occurs Performance within the Services, the Directorship and corporately, where feedback, information Director information dissemination, information sharing, dissemination achievements, learning and networking Budget priorities all occur. Director Infrastructure Every 4/5 months Inter-service sharing Services Away Days and collaboration Performance
Service actions Managerial feedback/ input Managers Away Days Quarterly Problem solving/ solution finding Performance
Operational issues/ problem solving Staffing issues Project work, cross team working Regular Manager/Team 3 weekly Feedback/dissemination Manager Meetings of managerial/ service and corporate information Performance
Performance monitoring Team Manager/Senior Operational/application Weekly Meetings issues
Performance reporting Feedback/dissemination of managerial, Area Team Meetings 3-4 weekly service and corporate information
One to Ones Weekly
Effective tools of communication
Work with other internal services and external bodies are referenced in other Chapters of the Planning Performance Framework.
Various communication tools allow better and more flexible and remote contact. Skype for Business has been further rolled out and now all telephone communication internally and externally is through Skype Business. Office 365 has been similarly rolled out to allow sharing of documents through One Note, One Drive and Share Point.
PLANNING PERFORMANCE FRAMEWORK 83 CHAPTER 3C – FINANCIAL MANAGEMENT & LOCAL GOVERNANCE
Fastidious monitoring of Service budgets An example of this is the Garioch Area Committee on the Quarter 3 performance continues with liaison between Director, statistics queried elements of planning performance: Head of Service and Planning Managers to ensure tight control and review of GARIOCH AREA COMMITTEE OUTSTANDING BUSINESS (EXTRACT): their own budget lines. Each Manager has individual sessions and liaison with Provide clarification as to Planning and Building Standards – Comments refer the Service’s dedicated Accountant and whether the staffing issues to 3 measures, i.e.:- the Accountant attends the Head of been resolved? (Ref ISSP5 Service’s Management Team meetings on SO5) 5.3 The work undertaken to clear backlog as a a regular basis. This input is vital to feed result of staffing changes within the team has been into and implement the Council’s Financial a factor in this dip. The focus moving forward is Strategy, and to reflect the ongoing to restore the determination levels in line with the pressures with likely focus on further higher level of performance consistently achieved in savings. previous Quarters.
Measuring performance continues to 5.5 The level of performance in Quarter 4 has occur through the Council’s Covalent improved and is above the 55% Aberdeenshire System with Planning Managers and Team target. Staffing changes within the team during this Managers responsible for the monitoring period has contributed in part to this dip however and updating of the system. Feedback to the use of staffing resources within the wider area and scrutiny from Members ensures they team to manage workloads and performance levels are kept updated and have the ability to has assisted in this upward trend during Q4. influence performance in a regular and transparent way. 5.7 “The improvement in this Quarter has been achieved during an ongoing period of staffing Focus in this reporting period has been changes within the team. The overall performance on the roll out of the new Scheme of is above the previous Quarter, notwithstanding the Governance and, in particular, new improvement achieved during this period measures arrangements for Procurement within the remain in place to ensure that the distribution of Council. work within the team is maintained at a manageable level. “
RESPONSE:
Performance measuring Staffing update in response to staffing issue associated with the Q3 performance: The Garioch Area Development Management Team had two Planner vacancies Continues through the Covalent System during the Quarter 3 period. Following a recruitment process undertaken in January and reporting to Elected Members 2017 the vacancies have since been filled and the new members of staff are now in through the Area Committees and the post. Since that time an additional Planner vacancy for a Fixed term period has Infrastructure Services Committee (ISC). arisen as a result of a member of the team undertaking a secondment opportunity to the Planning Policy Section. A recruitment process is presently underway and the Garioch Area Committee Quarter Service are taking steps to fill the vacancy. 3 2016-2017 Performance Report (Aberdeenshire Performs) At the present time the team is operating with 5 Development Management Planners with assistance being provided by colleagues within the Banff & Buchan area part of Infrastructure Services Quarter 3 the Team. 2016-2017 Performance Report (Aberdeenshire Performs) Performance is on all meeting agendas within Development Management:
• Management Team Meetings • Team Managers Meetings Performance Scrutiny • Senior Meetings • One to Ones – monitoring of performance with individual Officers is done using Following Performance Indicators being the Uniform Enterprise System. reported to Area Committees there may be actions to carry out, if Members query any aspect of performance. Team Managers and Seniors are responsible for performance monitoring and dealing with any subsequent Member requests.
PLANNING PERFORMANCE FRAMEWORK 84 CASE STUDY FINANCIAL GOVERNANCE 29 – IMPROVED FINANCIAL Financial regulations provide the It is the responsibility of planning AND PROJECT framework for managing the Council’s management to ensure that all staff are financial affairs and apply to every fully aware of the financial regulations and MANAGEMENT OF member and employee of the Council or their own responsibilities. ENVIRONMENT anyone acting on its behalf. The new Scheme of Governance sets out CARS/TH Aberdeenshire Council's Financial the Financial Regulations in a clearer Regulations form part of the Council's more user friendly format. This also PROJECTS overall Scheme of Governance which took includes new regulations in respect of effect from 27 January 2017. procurement.
In line with the Council’s commitment to robust financial management and continuous improvement an internal audit of the Portsoy Conservation Area Regeneration Scheme (CARS) project took place following the project’s completion in 2016. The audit included a comprehensive review of all the documents and available correspondence in relation to the management of the Scheme and examined the following areas: processes; authorities/permissions; document management; evidence of ownership and match funding; recording of meetings and decisions; recording risks and issues; monitoring and site visits; project reporting; payment systems and protocol and post project monitoring. All requested documents were available to evidence the required processes however the Audit did identify a number Planning Fees of areas for improvement, particularly in Planning fees have reduced this year, as was expected due to the economic downturn. relation to document management for During the latter part of the reporting year, both application numbers and fees were the overall project and individual projects recording an upwards trend. in both CARS and Towns Heritage schemes. The Audit recommendations have been actioned by the creation of 2013-2014 2014-2015 2015-2016 2016-2017 additional documentation and improved filing systems. These changes are now 2,628,409.36 2,942,711.01 2,515,000 2,108,350.78 being rolled out in the implementation of the current CARS and TH schemes in Banff and Fraserburgh and should result in improved project and financial management. Building Warrant Fees (Refer to Chapter 1a – High Quality Development on the Ground - 2013-2014 2014-2015 2015-2016 2016-2017 Aberdeenshire Placemaking – Built Heritage and Regeneration Investment 2,286,973.50 2,242,552.24 2,894,000 1,618,792.44 Projects-)
PLANNING PERFORMANCE FRAMEWORK 85 CHAPTER 4 - CULTURE OF CONTINUOUS IMPROVEMENT
IMPROVING PERFORMANCE IN POLICY INTERPRETATION
Development Plan practitioners have prepared a complete suite of “Policy Interpretation Notes” to assist Development Management Planners. These have gone live with the publication of the Plan that is now adopted by Aberdeenshire Council. Each sets out, in a standard format, the reasoning for the policy and the strict interpretation of the terms used to ensure that all the development management teams are working from a common understanding. The Policy Interpretation Notes are dynamic in nature to allow additional comments and interpretations to be added so as to keep them up to date in the light of changing circumstances over time.
(Refer to Case Study – Development Management using the Plan - Chapter 2a Open for business)
STAFF DEVELOPMENT
During the reporting period the Development Management teams experienced a sudden and largely unexpected downturn in staff numbers. The north east economic downturn undoubtedly played its part. Although recruitment to replace the vacancies took place, the Service took the opportunity to allow staff to develop and gain experience in other planning functions and thus secondment opportunities were offered to all staff in Development Management to move around either area teams or move into the Policy, Enforcement or Delivery and Information Teams. It is hoped that the perceived benefits of ‘growing your own’, experienced all round Planner will prove successful.
(Refer to Case Study 27– Recruitment in Aberdeenshire Council - Chapter 3b – Effective Management Structures)
PLANNING PERFORMANCE FRAMEWORK 86 CASE STUDY 30 – SECONDMENT OPPORTUNITY WITHIN THE PLANNING SERVICE
Aoife Murphy - Development Management to Planning Information and Delivery Team (PIDT)
I previously worked in Development Management for 3½ years before an opportunity arose to move to the Delivery Team on a secondment. The Delivery Team operate as a dedicated cross- service body working within Infrastructure Services, primarily tasked with working with industry/ services to aid the progression and delivery of allocated sites identified within the Council’s Local Development Plan (LDP). This is in addition to acting as the main single point of contact for the development industry, which increasingly use the Team as a first point of contact to resolve a variety of issues, which may impact upon the delivery of the sites allocated in the LDP. current LDP and help progress them So far I have found this opportunity to to a deliverable stage. This involves be beneficial to me and my career in During my time in Development facilitating meetings with stakeholders planning. My knowledge of Aberdeenshire Management I dealt with a wider variety and being able to discuss the constraints has grown as I am now looking at of applications ranging from minor that may be causing some issue. development proposals in a different extensions to more complex proposals. This work differs from Development way and seeing the overall benefit to Although I thoroughly enjoy working in Management in that I am no longer Aberdeenshire rather than just viewing that area of planning I had a number of assessing planning applications or projects in isolation. I will have a varied reasons for wanting to make the change. focusing on a specific area, but having a workload and will not just focus on the These included developing my career background in Development Management Development Management aspect of within planning by developing skills such means that I have a good knowledge of planning. In addition I believe that this as project management, working more such constraints which aids me when opportunity will benefit the Council’s closely with internal services, e.g. Policy trying to find solutions. Planning Service as I will be able to and stakeholders to gain insight into use the knowledge I have gained from issues or challenges. There is also the Other work I have been involved in during Development Management in my new opportunity to undertake more practical my first 3 months with the PIDT include role. I will have an improved skill set work by using the Property Investment working on the 4 regeneration towns and greater experience when I return to Fund to enhance buildings, and getting a identified by the LDP, engaging with Development Management at the end of wider view of Planning on the region of property owners in order for them to my secondment. Aberdeenshire rather than focusing on a receive grant money from the Property smaller administrative area. Investment Fund in order to bring their building back into use and compiling I have now been in the post for 3 months development briefs for potential as of May 2017 and I believe that having development sites that may be brought Development Management experience forward by Aberdeenshire Council in its helps me in my new role in a number role as a facilitator of development. of ways. A large part of the work I do looks at the allocated sites within the
PLANNING PERFORMANCE FRAMEWORK 87 MODEL CONDITIONS SESSION CASE STUDY 31 - DEVELOPMENT MANAGEMENT TRAINING DAY Use of the Document and Best Practice
• To assist in drafting appropriate conditions.
• However, each condition used needs to be adapted to the circumstances of particular cases.
• The list is not exhaustive and does not cover every eventuality.
• Conditions should not be left until the end of the process and rushed through! Both the requirement for the continuous The Agenda covered a wide range of • They are VERY IMPORTANT and can save a lot of time in the future if done correctly. Can also be very time consuming and costly to the Council. e.g. development of staff and the opportunity topics, with two interactive sessions Complaints, SPSO decisions, costs. for all area staff to meet up, given the included: wide geographical spread of the teams, a training day for all Development • Local Development Plan Update Management is considered very • Local Review Body in Aberdeenshire DEVELOPER OBLIGATIONS SESSION important. One such event took place • Developer Obligations – aims and during the reporting year. Held in the objectives of team, processes, Developer Obligations Supplementary Guidance headquarters (Council Chamber) it aimed procedure reviews to cover relevant topics, as well as issues • Private Water Supplies – DEVELOPER CONTRIBUTIONS POLICY REQUIREMENTS Primary Education Affordable Housing of importance and interest. Environmental Health and Planning Secondary Education Community Facilities/Halls requirements Sports Facilities • Model Conditions in Practice – Playing Fields Waste Obligations met through contributions or in kind Interactive Workshop Town Centre Improvements Healthcare • Quiz Transportation
ENVIRONMENT PLANNING TEAM – CONTINUING TO IMPROVE carried out the training and that this is • Continuous improvement project ongoing in respect of kept up to date. Council owned non-operational assets. (Refer to Chapter 1 – Quality of Outcomes – Other Built Heritage Projects New and updated HR policies are (HAMP)) expected to be fully adhered to and • Completion of Silver ‘KDI’ (improvement project) in respect bespoke training is arranged. A training of Council owned and managed paths course on Attendance Management has • Completion of Access Strategy been organised for all managers. • Online applications in respect of Works to Protected Trees continues to enable tracking of applications LEGAL • Ongoing review of TPOs: 51 out of 141 TPOs reviewed A training event in the early part of the • Provision of internal training and Depot Tool Box talks reporting year took together all staff in to ensure that protected species are considered in work planning and the Conveyancing part of Legal Services. This carried out by the Local Authority across all Services – enabled each Service to meet and find out respective roles and including Housing and Property Services. any improved collaboration that could occur to improve service • Identification of Councillor Biodiversity Champions to raise output and performance. awareness of range of species, habitats and projects • Completion of internal protocol and staff guidance for Prior Notifications and Prior Approval Processes for Agricultural, WORKING GROUPS Forestry Biomass, Private Ways and Buildings. As reported throughout the PPF document various working groups have been set up within Development Management to carry out and implement various projects and initiatives. This DEVELOPMENT MANAGEMENT STAFF TRAINING All training is recorded and monitored. Reminders of the need has enabled Officers to be empowered in making decisions for compulsory training and the need to renew training is sent to and leading and supervising projects. (Refer to Chapter 2b – Managers on a regular basis. Certainty – Improvement Project and Initiative Strategy).
EARS BENCHMARKING Personal training plans continue to be done on an annual Benchmarking has continued in various guises with other Local basis through the staff appraisal EARS reviews. (Employee Authorities. Some major benchmarking has been necessary Annual Review). Each plan is used throughout the year with with Aberdeen City to deal with the Strategic Transport Fund each member of staff as they look to continually improve their challenge. Other sharing of information on costing of services, knowledge and experience both as an individual professional Section 42 processes and prior notification has occurred. and for the benefit of the Service.
ALDO All staff are required to carry out compulsory training. The Data Protection Act Awareness Course & Refresher Course is compulsory training and staff are monitored to ensure they have
PLANNING PERFORMANCE FRAMEWORK 88 PART 2: SUPPORTING EVIDENCE
Part 2 of this Report was compiled, drawing on evidence from the following sources:
All supporting evidence has been integrated within the body of the text by use of hyperlinks to relevant documents, websites and information.
GOURDON – KINCARDINE & MEARNS
• LOCH MUICK
PLANNING PERFORMANCE FRAMEWORK 89 PART 3A: SERVICE IMPROVEMENTS 2017-18
IMPROVING PERFORMANCE IN POLICY INTERPRETATION
In the coming year we will: • Develop and implement a programme of work to inform and build upon the Heat network map in Aberdeenshire DEVELOPMENT PLANNING to increase knowledge of planning to maximise the use of currently redundant heat sources. • Undertake comprehensive training on the new Local Development Plan with Elected Members to emphasise the ENVIRONMENT PLANNING key changes that have occurred since 2012. • Work with an Elected Member Steering Group to inform • Historic Assets Management Project: continue agreed the approach to be taken for policy in the next Local programme of maintenance and repair of Council owned Development Plan. structures • Work with development stakeholders and infrastructure • Complete at least 3 further Conservation Area Reviews: providers on a means of assessment of information required Roanheads, Crovie and Gardenstown to accompany bids for development to the Plan. • Fraserburgh CARS/THI: • Develop and implement a robust monitoring scheme for the 1. Delivery of Saltoun Square project Aberdeenshire Local Development Plan 2017 to ensure that 2. Acquisition of former John Trail building and project any unforeseen consequences of the Plan are identified and development picked up in sufficient time to inform the next Plan. 3. Initiation of one further other priority project • Publish a revised version and resolve comments on 4. Delivery of 5 Small Grants projects Supplementary Guidance No. 7 Developer Obligations 5. Appointment of young people as apprentices and following comments made by the Reporters in the Report of establishment of training programme for contractors, the Examination. conservation professionals and property owners. • Develop and publish Planning Advice on the detail of • Banff CARS: Policy C1 Using Resources in buildings. This would consider 1. Complete renovation of the Smiddy to create a Silver specifically the standards that would apply and where Smith Centre exceptions might be made including to take account 2. Support the North East Scotland Preservation Trust to of financial viability. The guidance will also set out the secure ownership of priority buildings circumstances and timescales in applying an increase in 3. Develop funding for 49-53 Bridge Street and 18-20 the target for low or zero carbon generating technologies Low Street and the parameters for assessing the feasibility of district 4. Commence restoration of 1A Carmelite Street, heating schemes in major developments. 5. Secure repair of Tollbooth Hotel. • Implement a revised web-based vehicle for the promotion • Review of Tree Preservation Orders: of the content of the Plan, using the Story Map product to 1. Undertake Phase 3; involving surveying and assessing deliver quality Development Plan information. 30 existing TPOs and proposing revocations and re- • Undertake Town Centre Health-checks on 11 major town serving of TPOs as appropriate, centres in the area, including an element of community 2. Identify and select TPOs for inclusion in Phase 4. engagement. • Adopt completed Forest and Woodland strategy as • Undertake a root and branch assessment of the need and supplementary guidance to Local Development Plan demand for housing land in Aberdeenshire to resolve issues • Access: deliver access improvements across Aberdeenshire associated with development land allocations following in accordance with agreed programme. Including missing past practice (i.e. what has been in past plans) rather than link in Deeside Way. meeting both developers and community aspirations. • Access: work with community groups to take forward • Undertake place based assessments of 60-70 of our volunteering initiatives. settlements, working with communities to identify land • Run a number of workshops to support community led path use planning actions that should be taken forward in the developments forthcoming plan to meet community objectives. Part of • Complete review of key strategies for Historic and Natural this process will be the development of Place Standard Environments. assessments the outcomes of which will be shared with other relevant Services.
PLANNING PERFORMANCE FRAMEWORK 90 DEVELOPMENT MANAGEMENT IN THE COMING YEAR WE WILL:
CONTINUING (FURTHER IMPROVEMENT) / CONTINUED (NOT COMPLETE) / NEW
OPEN FOR BUSINESS HIGH QUALITY DEVELOPMENT ON THE GROUND
• New Commitment – Section 75 Legal/Planning • New Commitment – Design Panel process Review improvement project • Continued Commitment – Masterplan process Review (on- going)
COMMUNICATIONS, ENGAGEMENT CERTAINTY AND CUSTOMER SERVICE
• New/Continued Commitment – Pre application & Major • Carry out further Customer Surveys once yearly Application process review • New Commitment – Re-focus on Community Council • Continued Commitment – Enforcement Policy Engagement • Continued Commitment - Prepare a Member and Area • New Commitment – Achieve Service Excellence status for Committee Protocol for Enforcement Development Management • New Commitment - Develop the Planning Enforcement • New Commitment – Implement Site Visit technology content on Council’s website • New Commitment - Develop Relations with Procurator Fiscal Office – Collaboration and Liaison
EFFICIENT AND EFFECTIVE DECISION-MAKING EFFECTIVE MANAGEMENT STRUCTURES
• Continued Commitment – STC review
COMMUNICATIONS, ENGAGEMENT GOVERNANCE AND CUSTOMER SERVICE
PLANNING PERFORMANCE TARGETS * PLANNING PERFORMANCE TARGETS *
Average Timescales: % Within 2 Months : • Major Applications – Achieve an average of 35 weeks • All Planning Applications – Determine 70% within 2 • Local Applications - Achieve an average of 11 weeks months • Household Applications - Achieve an average of 6 weeks • Non Householder Applications - Determine 65% within 2 • Other Applications – Achieve an average of 8 weeks months • Measurement of outputs and measurable targets for • Householder Applications - Determine 95% within 2 Customer Surveys to be applied**** months • E Planning Online Submission – Achieve 90% of customers • Processing Agreements – 100% major applications subject submitting on line applications. to a Processing Agreement • **Legal Agreements – Achieve an average of 32 weeks • Legacy Applications: 1. Reduce pre 2009 to 0 2. Reduce Overall (post 2009) by 50%
*Subject to Target **Based on Benchmarking Performance *** Carry forward from 2015/16 TO 2016/17 **** Measurable Targets and Outputs
PLANNING PERFORMANCE FRAMEWORK 91 PART 3B: DELIVERY OF OUR SERVICE IMPROVEMENT ACTIONS IN 2016-17:
DELIVERY OF OUR IMPROVEMENT ACTIONS COMMITTED IN 2015-2016
DEVELOPMENT PLANNING
COMMITTED IMPROVEMENTS AND ACTIONS COMPLETE?
Completion of “How was it for you” No Majority of components of the study completed within schedule. Still progressing final report for publication in May 2017
Review of the On-Line Local Development Plan Yes Review undertaken and Story Map product identified for provision on-line Local Development Plan
ENVIRONMENT PLANNING
COMMITTED IMPROVEMENTS AND ACTIONS COMPLETE?
Paths KDI – continue implementation, investigating opportunities to work with community groups to take Yes maintenance responsibility.
Access Strategy– to be finalised. Yes
Complete Historic Assets Management Project and embark on agreed programme of maintenance and Yes repair of council owned structures.
Complete Phase 2 of TPO Review and commence Phase 3. Yes
Complete at least three Conservation Area reviews/designations (Buchanhaven, Ardmore Yes Distillery and Kennethmont, Stonehaven).
Fraserburgh – CARS/TH to begin July 2016, delivering restoration projects for key historic properties in Yes the town centre, including conservation and renovation work to 1 Saltoun Square.
Banff CARS – Silversmith Centre to be completed;; other priority projects to be developed and further No small grants to be delivered.
Portsoy CARS – project to be completed June 2016. Yes
Complete review of key Strategies for Historic and Natural environments. No
PLANNING PERFORMANCE FRAMEWORK 92 DELIVERY OF OUR IMPROVEMENT ACTIONS COMMITTED IN 2015-2016
GREEN - COMPLETE AMBER – PARTIAL COMPLETION RED – NOT COMPLETE BLUE – CONTINUED
DEVELOPMENT MANAGEMENT
HIGH QUALITY OPEN FOR BUSINESS COMPLETE DEVELOPMENT ON THE COMPLETE GROUND
• Continue to focus on • Partial – improvement significantly improving but still need for further the performance of improvement Major Applications *
• Continue to work with • YES work continues Legal Services through • Elements of improvement implementation of their Programme of Actions significantly to improve Section 75 delivery timescales* • Improvement project
COMMUNICATIONS, CERTAINTY COMPLETE ENGAGEMENT COMPLETE AND CUSTOMER SERVICE
Enforcement • Prepare a Member • NO • Carry out further • YES and Area Committee Customer Surveys once Briefing Protocol for yearly Enforcement *** • Finalise Enforcement • NO • Targeted engagement • YES Policy *** with Consultees – • Prepare Enforcement • YES Flooding & Coastal Priority System Protection/Waste Service
• Target and promote • YES - >80% now using on E Planning to 40% line portal customers not currently using E Planning
• Review Major • Partial – on-going Application Process ***
EFFICIENT AND EFFECTIVE EFFECTIVE MANAGEMENT COMPLETE COMPLETE DECISION-MAKING STRUCTURES
• Joint Review of RCC • YES Checklist Planning/ Roads Service
• Review of use of Stop • Partial – on-going the Clock ***
PLANNING PERFORMANCE FRAMEWORK 93 FINANCIAL MANAGEMENT CULTURE OF CONTINUOUS COMPLETE COMPLETE AND LOCAL GOVERNANCE IMPROVEMENT
• Continue to Benchmark • YES other authorities.
PLANNING PERFORMANCE PLANNING PERFORMANCE ACHIEVED ACHIEVED TARGETS TARGETS
Average Timescales: % Within 2 Months : • Major Applications – • 77.8 (Improvement) • All Planning Applications • 89.6/8.6 (Improvement) Achieve an average of – Determine 70% within 2 35 weeks months • Local Applications - • 9.9 (Improvement) • Non Householder • 84.9 (Improvement) Achieve an average of 11 Applications - Determine weeks 65% within 2 months • Household Applications • 6.7 (Improvement) • Householder Applications • 96.1 (down by 0.1) - Achieve an average of - Determine 95% within 2 6 weeks months • Other Applications – • 7.8 (Improvement) • Processing Agreements – • 73% (Improvement) Achieve an average of 8 100% major applications weeks subject to a Processing Agreement • Measurement of outputs • YES • **Legal Agreements – • Major Application - and measurable targets Achieve an average of 32 125 Average Weeks for Customer Surveys to weeks (Improvement) be applied**** • E Planning Online • 80%+ (Improvement) • Local - 15 Average Submission – 65% of Weeks (Note below) customers submitting on line applications. • Legacy Applications 1. Reduce pre 2009 to 0 • 0 2. Reduce Overall (post • 43 remaining – 6% 2009) by 50%
*Subject to Target **Based on Benchmarking Performance *** Carry forward from 2015/16 TO 2016/17 **** Measurable Targets and Outputs Note – Section 69 Legal Agreements now being recorded along with Section 75 – cannot be compared to 2015-16.
PLANNING PERFORMANCE FRAMEWORK 94 PART 4: NATIONAL HEADLINE INDICATORS (NHIS)
HARLAW MONUMENT
PLANNING PERFORMANCE FRAMEWORK 95 KEY OUTCOMES 2015-16 2016-2017
Development Planning: • Age of local/strategic development plan(s) at end of reporting period 3 years and 3 months 4 years and 10 months Requirement: less than 5 years SDP 2 years SDP 3 years • Will the local/strategic development plan(s) be replaced by their 5th Yes Yes anniversary according to the current development plan scheme? • Has the expected date of submission of the plan to Scottish Ministers No No in the development plan scheme changed over the past year? • Were development plan scheme engagement/consultation Yes Yes commitments met during the year?
KEY OUTCOMES 2015-16 2016-2017
EFFECTIVE LAND SUPPLY AND DELIVERY OF OUTPUTS AHMA RHMA AHMA RHMA NOTES
Established Land Supply 33,821 units 13,084 units 33,821 units 13,084 units Note 1
5 year effective housing land supply 11,250 units 3,510 units 11,250 units 3,510 units Note 1
5 year housing supply target 7,668 units 3,271 units 7,668 units 3,271 units Note 1
5 year effective housing land supply 7.3 years 5.4 years 7.3 years 5.4 years Note 1
Housing approvals 2,512 units 2,281 units Note 2
Housing completions over the last 5 years 5,831 units 5,831 units Note 3
Marketable employment land supply 341 ha 341 ha Note 4
Employment land take-up during reporting year 16.1 ha 9 ha Note 4
NOTE 1 a result, only a small amount of the Aberdeenshire in 2015. Over the last There is no change since 2015/16 because total land available appears in the five five years 3,320 units were built in the the 2016 Housing Land Audit remains year supply. There are many more sites Aberdeenshire part of the Aberdeen HMA the most up to date source of approved in the post five year effective supply and 2,463 in the Rural HMA. figures. Housing land supply figures are (3,675 units) which could come forward not available for Aberdeenshire, only for earlier if required. In addition, there are Source: Housing Land Audit 2016. Housing Market Area (HMAs) as required almost 3,000 units constrained only by Figures correct as at 1 January 2016 by the Strategic Development Plan. The marketability and which could become Aberdeen HMA includes Aberdeen City. effective if demand picks up. NOTE 4 Source: Housing Land Audit 2016. Figures The marketable employment supply in There is currently 7.3 yrs. worth of correct as at 1 January 2016 Aberdeenshire has remained the same as effective housing land in the Aberdeen in 2015-16 and remains well in excess of HMA, demonstrating the generous NOTE 2 Strategic Development Plan targets. Of supply provided by allocations in The number of housing approvals in this marketable land, 70 ha is classed as the Strategic Development Plan and Aberdeenshire has been decreasing over being immediately available, an increase Local Development Plan and sites are the last couple of years and stands at of 10 ha since last year. continuing to progress. There are 2,281 for 2016/17. This is likely to be a however signs that development rates reflection of the changing local economic Take-up of employment land over the on some sites are slowing to reflect the and market conditions. year was 9 ha, a significant fall from current market situation which continues the previous year and lower than the 15 to be negatively influenced by difficulties Source: Uniform Housing Approvals April ha average of recent years. This may in the oil and gas sector. 2016 – March 2017 reflect difficulties in the market given the current economic situation in the area In the Rural HMA there is 5.5 yrs. worth NOTE 3 but it may just be a timing issue as there of effective housing land. The extent of There is no change since 2015/16 because are currently 13 ha under construction, the effective supply in the Rural HMA is the 2016 Housing Land Audit remains a significant increase from the previous primarily limited by low demand in parts the most up to date source of approved year. of the area which affects the number of figures. units which can reasonably be expected Source: Employment Land Audit 2015/16. to come forward within five years. As There were 1,316 completions in Figures correct as at 1 April 2016
PLANNING PERFORMANCE FRAMEWORK 96 DEVELOPMENT MANAGEMENT 2016-2017 2015-2016
Project Planning • Percentage and number of applications subject to pre-application advice 15% (394) 10% (322) • Percentage and number of major applications subject to processing agreement 16 (73%) 7 (32%)
Decision-making • Application approval rate 94% 94% • Delegation rate 92% 91%
Validation • Percentage of applications valid upon receipt 26% 32%
Case Officers – see Note 1 *Number of applications per case officer • Major 21 19 • Local • Householder
Decision-making timescales Average number of weeks to decision: • Major developments 77.8 86.3 • Local developments (non-householder) 9.9 14.1 • Householder developments 6.7 6.8
Legacy Cases • Number cleared during reporting period 61 86 • Number remaining 43 43
Enforcement March February Time since enforcement charter published / reviewed (months) Requirement: review every 2 years 2017 2015
Text box: short contextual statement – focus on reasons/factors which have influenced performance and any increase/decrease
Note 1 – this is the average number of applications per case officer. Refer to Chapter 3A Efficient and Effective Decision Making – Effective Workload Distribution.
PLANNING PERFORMANCE FRAMEWORK 97 PART 5: OFFICIAL STATISTICS
A: DECISION-MAKING TIMESCALES (BASED ON ‘ALL APPLICATIONS’ TIMESCALES)
AVERAGE TIMESCALE (WEEKS)
TOTAL NUMBER OF CATEGORY DECISIONS 2016-2017 2015-2016 2016-2017
Major developments 6 77.8 86.3
Local developments (non-householder) • Local: less than 2 months 945 7.2 7.2 • Local: more than 2 months 168 25.3 27.4
Householder developments • Local: less than 2 months 761 6.4 6.3 • Local: more than 2 months 31 14.1 14.4
Housing developments Major 1 40.9 142.2 Local housing developments • Local: less than 2 months 384 7.5 7.4 • Local: more than 2 months 104 29.2 26.0
Business and industry Major 3 102.3 62.6 Local business and industry • Local: less than 2 months 94 6.8 7.0 • Local: more than 2 months 15 21.8 30.2
EIA developments 1 6.6 55.5
Other consents* 241 7.8 8.3
Planning/legal agreements** • Major: average time 3 125.0 160.2 • Local: average time 222 15.0 55.7
Local reviews 42 13.1 15.3
* Consents and certificates: Listed buildings and Conservation ** Legal obligations associated with a planning permission; area consents, Control of Advertisement consents, Hazardous concluded under section 75 of the Town and Country Planning Substances consents, Established Use Certificates, certificates (Scotland) Act 1997 or section 69 of the Local Government of lawfulness of existing use or development, notification (Scotland) Act 1973 on overhead electricity lines, notifications and directions under GPDO Parts 6 & & relating to agricultural and forestry development and applications for prior approval by Coal Authority or licensed operator under classes 60 & 62 of the GPDO.
PLANNING PERFORMANCE FRAMEWORK 98 B: DECISION-MAKING: LOCAL REVIEWS AND APPEALS
ORIGINAL DECISION UPHELD
2016-2017 2015-2016 TOTAL NUMBER TYPE NO. 2015- OF DECISIONS No. % % 2016
Local reviews 42 30 71.4 51 81%
Appeals to Scottish Ministers 23 12 52 23 46%
C: ENFORCEMENT ACTIVITY
2016-2017 2015-2016
Complaints lodged
Cases taken up 486 674
Breaches identified - -
Cases resolved 436 1050
Notices served*** 51 53
Reports to Procurator Fiscal 0 0
Prosecutions 0 0
*** Enforcement notices; breach of condition notices; planning contravention notices; stop notices; temporary stop notices; fixed penalty notices, and Section 33 notices.
D: CONTEXT
Performance, the reasons, factors and influences for increase/decrease is embodied and is identified throughout the PPF 2016-17.
PLANNING PERFORMANCE FRAMEWORK 99 PART 6: WORKFORCE INFORMATION
The information requested in this section is an integral part of providing the context for the information in parts 1-5. Staffing information should be a snapshot of the position on 31 March.
TIER 1 TIER 2 TIER 3 TIER 4
Head of Planning Service 1 1 1 2.8 + 7
Note: Tier 1 = Chief Executive, Tier 2 = Directors, Tier 3 = Heads of Service, Tier 4 = Managers
DM DP ENFORCEMENT OTHER
No. Managers 1 + 4 1 + 2 1 1 + 2 Posts Vacant 0 0 0 1 No. Main Grade Posts 34.5 13.9 6 32 Posts Vacant 1 2 0 0 No. Technician 18 0 0 0 Posts Vacant 0 0 0 0 No. Office Support/ 18.6 3 3 1.6 Clerical Posts Vacant 2.4 0 0 0.7
TOTAL 79.5 21.9 8 38.3
Note: Managers are those staff responsible for the operational management of a team/division. They are not necessarily line managers.
Notes: STAFF AGE COMMITTEE & NUMBER NUMBER * Aberdeenshire Council have an PROFILE SITE VISITS* PER YEAR Infrastructure Service Committee which deals with matters of Under 30 26 Full council meetings 10 policy. Some planning applications Infrastructure Services 8 (significant departures from policy) 30-39 31 Committee (ISC)* are considered at that committee. Area committees (where 83 **Aberdeenshire Council have 6 40-49 35 relevant)** Area Committees. These deal with Committee site visits*** 48 (Area) + 1 (ISC) area business including planning 50 and over 57 matters. Pre- Determination Hearing 2 *** Committee site visits also (PDH) include visits associated with Pre LRB**** 13 Determination Hearings ***This relates to the number of meetings of the LRB. The numbers LRB site visits 5 of applications going to LRB are reported elsewhere.
PLANNING PERFORMANCE FRAMEWORK 100 COSTS
ACTUAL DIRECT* INDIRECT INCOME
Development Management 3,400 2,535 865 2,108
Development Planning 667 498 169
Enforcement 221 165 56
4,288 3,198 1,090 2,108
BANFF & MACDUFF
PLANNING PERFORMANCE FRAMEWORK 101 APPENDIX 1: ORGANOGRAM ABERDEENSHIRE COUNCIL – PLANNING & BUILDING STANDARDS
Planning & Building Standards Organogram
Head of Service - Robert Gray PA to HoS – Linda Gerrard
Planning Service Manager – Planning Service Manager – Building Standards Manager Planning Service Manager – Bruce Stewart Maureen Corley – Kenny Simpson Mairi Stewart
Team Leader Team Leader Team Leader Team Leader Team Manager Planning Policy Piers K&M / Marr / B&B / Buchan / SDDT Information & Blaxter Formartine Garioch Wendy Forbes Delivery Jeremy Mitchell Williams Geals David MacLennan
Enforcement Formartine Marr Banff & Team K&M Buchan 1 x Senior 1 x Senior 0.8 Project 1 x Senior 1 x Senior BS 1 x Senior BS Buchan 1 x Senior 4 x BS 3 x BS Garioch Planner Planner Coordinator SIR Officer Surveyor Surveyor 4 x BS Planner 1 x BS Surveyor 2.5 x BS Surveyors 4 x BS 2 x 5 x 2 x Project 3.6 x SIR Surveyors 5 x Planning Surveyor 1 x BS Surveyor 1 x BS Surveyors Planners Planners Officer Officer 2 x BS Enforcement 1x BS Technical 1x BS Technical Technical Officers Technical Assistant Technical Asst. Assistant Assistant Asst.
Team Leader Team Leader Team Leader Specialist Environment (N) Environment (S) Services Debbie Burroughs / Vacant Craig Stewart Irina Birnie
E-Planning Team Team Team Unit Manager Manager Manager 1 x E Planning B&B / Garioch Buchan / 0.6 x Ranger NESBReC K&M / Marr Fraserburgh 2.2 x Officer Chris Formartine Service Coordinator Neil Stewart HLS Project 5.6 x Archaeologists Audrey Smith Ormiston Darren Ross 6 x Coordinator Glenn Roberts 1 x Project Environment Environment Coordinator Planners Planners 1 x Engagement 0.5 x 1 x 6 x Officer Bennachie NESBReC Countryside 0.6 x project Centre GIS Project Officer Outdoor Ranger Officer 3 x Senior 3 x Senior Warden 1.6 SMR 3 x Senior Planners Planners HAMP Project Access Officer Assistant 7 x E- Planners 7.8 x 10.8 x (0.5) 0.6 Planning 8 x Planners Officers (1.2) Planners Planners NESBReC Assistants 3.5 x 4 x 3.6 x 0.4 x Integrated Data Technicians Relief Assistant Technicians Technicians Land Use Bennachie 0.3 x Officer Outdoor NESPT Project Centre Cleaner 0.6 Access Officer Manager Assistant NESBReC (0.5) Habitat Surveyor
PLANNING PERFORMANCE FRAMEWORK 102 www.aberdeenshire.gov.uk